G3SH Posted July 18, 2013 Report Share Posted July 18, 2013 I had recently done a H1B transfer from Company A to B. Now the latest I797 has an expiry date more than my maxout date (by 2 months). Maxout - Jan 2014 I 797 Expiry - Mar 2014. Can I stay till Mar 2014 ? Just wanted to know if anyone has done this already and what happens ? Will I be out of status by Jan 2014? Company B has started my PERM process. Will the overstay affect the PERM in any way ? As I see so much delay in PERM these days should i wait till Mar 2014 to see its outcome.Please help if you know anything regards to this. Thanks in advance. Link to comment
omshiv Posted July 18, 2013 Report Share Posted July 18, 2013 After March 2014 you'll be Out of Status if your employer doesnt extend your H1B in case your PERM and I-140 gets approved or is pending. Link to comment
Attorney_22 Posted July 18, 2013 Report Share Posted July 18, 2013 Do not rely on government error. If January 2014 is the end of your full six years of H1B status, including any recapture time, you are not entitled to the additional two months. Due to the complicated nature of your situation it is best to speak directly to a qualified U.S. immigration attorney. Link to comment
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