H1B 6yr expire soon, Perm pending 1yr

[heeboom]

Hi,

 

PERM filed : 2013.1.11

H1B 6yrs expired (inc.recapture) : 2014.1.4

 

My H1B visa will be over soon. As I just got result for recapture date, I am urgently leaving usa on 2014.1.11. Meantime, my company will file for 7th year extension as my perm is pending for a year.

As soon as the 7th year extension is approved (as premium service), I will do visa interview in my country and come back to usa. I am expecting I can come back before march, 2014. 

 

1. Is my case possible to get 7th year extension based on perm pending for a year?

2. Is it fine that I am leaving usa a week after my current visa expired? Will it be affected in 7th year extension?

 

Thanks.

[jairichi]

Hi,

 

PERM filed : 2013.1.11

H1B 6yrs expired (inc.recapture) : 2014.1.4

 

My H1B visa will be over soon. As I just got result for recapture date, I am urgently leaving usa on 2014.1.11. Meantime, my company will file for 7th year extension as my perm is pending for a year.

As soon as the 7th year extension is approved (as premium service), I will do visa interview in my country and come back to usa. I am expecting I can come back before march, 2014. 

 

1. Is my case possible to get 7th year extension based on perm pending for a year?

2. Is it fine that I am leaving usa a week after my current visa expired? Will it be affected in 7th year extension?

 

Thanks.

1. Yes.

2. Nowadays USCIS needs a person to have a few days of H1B time to recapture to apply for H1B extension based on PERM pending for more than 365 days. There is a possibility that you made a mistake by not having any days to recapture.