6th Year 1B Expiring in February 2015

[scaven25]

Hi,

My 6th year of H1B is coming up in February 28, 2015. Currently, the company that I'm working for has filed PERM on my behalf on February 13, 2014. May I know if any kind soul out there could help with my questions below?

1) I'm returning to my home country from February 2015, returning to the US in March 2015, which is also after the expiration date of my H1B. What do I have to do to ensure that I can re-enter the country with no issue?
2) Is my priority date also the date when my PERM is filed? If not, what will be my priority date?
3) Is it advisable to switch job at this moment? If not, why?

Thank you!

Regards,
scaven25

[raghvi]

Hi,

My 6th year of H1B is coming up in February 28, 2015. Currently, the company that I'm working for has filed PERM on my behalf on February 13, 2014. May I know if any kind soul out there could help with my questions below?

1) I'm returning to my home country from February 2015, returning to the US in March 2015, which is also after the expiration date of my H1B. What do I have to do to ensure that I can re-enter the country with no issue?
2) Is my priority date also the date when my PERM is filed? If not, what will be my priority date?
3) Is it advisable to switch job at this moment? If not, why?

Thank you!

Regards,
scaven25

1. You do realize that you would need a new visa stamp in your passport in order to return. So you have to fill DS-160, go for biometrics and subsequent visa interview. Also based on your PERM date you would be eligible for only 1 Year H1 not 3 Years.
2. Yes.
3. Though it is possible but then you have to depend at next company filing PERM, also current company not withdrawing it post your resignation, next company filing H1 transfer, and getting petition approved before your travel etc. I would advise switching jobs after returning.

This is my opinion not legal advice.