H1B max out, PERM filed during 6th year and PERM pending


immiusa11

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Hi

My 6 years on H1B including all recaptures will end in the first week of march. My wife's H1-B 6 years will end by end of May. Our PERM was filed in September 2012 and it went to audit. As per current processing timelines, if everything goes fine, it might get approved by April or May. As of now I am planning to convert to H4 at the end of 6th year as I cannot go to India right away due to personal constraints. If I go back to India at the end of April, will I be able to extend my H1 from India once my PERM and I-140(filed in premium) are approved and come back after H1 stamping?

Could any one please clarify this?

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  • 1 month later...

I am also in same situation, can you post your experience.

My H1 6 years will max out on April 6th'2013 and I came to India on Feb 18th.

My questions are :

1) Irrespective of my audit getting resolved before April, can I apply for 1 month recapture and return to USA before April.

2) If audit gets resolved before April 6 th can I apply for 1 year extension ( based on audit response time to end date) and return to usa.

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