Re-rentry with 1 week on H1B and a new approved I797

[oberoi.tanu]

My spouse is in the 6^th year of H1B and waiting for his PERM to get approved in-order to file I-140 in premium and get a 3 year extension. In the meanwhile he has his H1B approved and visa stamped until March 15^th. Based on the recapture period he has got an extension until the April 25^th.

Given the delays with DOL , he has been advised to travel outside the US for 2-3 weeks to build a recapture period incase his PERM doesn’t get approved on time. Note – His PERM wasn’t filed 365 days earlier, therefore he cannot use that to get an extension.

Now the question is that , if he comes back a week before March 15^th do we need to get his visa stamped for that 1 month duration. Or is it safe to make an entry into US a week before visa expires. Does that risk him getting an I-94 until March 15^th or will he get an I-94 until April end.

Look forward to hear from the attorneys and senior members on the group. Appreciate all the help.

Thanks
Tanu