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


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My spouse is in the 6th 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 15th. Based on the recapture period he has got an extension until the April 25th.

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 15th 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 15th 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.


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