Perm filed in 6th year. H1B extension options.


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I am on H1B visa (6th year). My H1B expires on 4/17/2014. I went to India in Feb 2013 for 5 weeks. So I may get 5 more weeks extension.
My PERM priority date is 27 November 2013. If my 9089 is not approved by April 2014.

1. What are the options for my H1B extension.

2. If I go to India can I apply for I140 after my 9089 is approved from India.

3. And then can I apply for H1b extension for 3 more years from India. Even after my 6 year term is completey finished?

4. If I am leaving US, when should i leave. My I-94 exipreis 4/26/2014. H1 expires 4/17/2014.


Thanks for your help.


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  • 4 weeks later...

1) You need to wait until 27-Nov-2014 to apply for 1yr H1 extn based on pending PERM. If your PERM & I-140 approved before 27-Nov-14, then you can can apply for 3yr h1 extn even when you are in India.


2) Yes, you can.


3) Yes, you can.


4) You can stay till 04/26/2014. i.e. 10 day grace period from H1 expiry.


Check the options discussed in this article - Filing Labor Certifications During Sixth Year of H1B

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