H-1b expired and PERM is Pending

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Hi - I would appreciate any help or insights you might be able to share for my situation.

  • My H-1B is expiring December 2023.
  • I utilized all recapture time possible.
  • My Perm is pending and expected to get approved by June 2024.

My questions are

  1. After PERM approval in June can i extend my H-1B Visa? Note - I will be working from India remotely for the US company during that time
  2. Should I be actively staying in the U.S and employed in a valid H-1B Visa to be eligible for Extension?
  3. Can I extend my H-1B Visa in June 2024 even though it expired in Dec 2023?
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Yes, generally one can extend the H1B past the 6th year either if the PERM application has been pending for at least 365 days, OR once PERM has been certified and you've obtained your I-140 Approval. The H1B extension petition can be filed regardless of if the individual is in the U.S. in valid status or abroad. For specific advice I would recommend you schedule a consult with one of our attorneys.

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