PERM FILED- Leaving country - Not approved

[shikher_316]

Hello all,

I have my PERM filed under EB3 which is still pending for approval. However, I have very less H1B time left on my visa at this stage.

In case if I have to go out of the country as the PERM is still in process, can my employer file for one year extension once the PERM gets approved and I am still out of the country?

What are the things we need to take into consideration?

Please advice.

Thanks,

Shikher

[SJCDesi]

He needs to get the I-140 approved. You can come back on H1B with the remaining time on it and the file for 3 years extension

[itsshanks]

Per my understanding if you filed for PERM or I-140, a year before your H1B is ending and either of it is pending, one year H1B extension can be applied.

[Pittbaby]

yes as long as the H1b did not expire before departing it can be extended once the perm is approved . Otherwise you can wait for one year and apply for a fresh 6 year H1b term