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Perm pending, H1B maxing out in 2 months

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  • Perm pending, H1B maxing out in 2 months

    Hi all,

    This month 11/15/2018 my company has filed the perm with DOL. My H1B is maxing out on 02/08/2019.
    I know its not possible to get perm approved and then I140 approved before max out. I am planning to leave in month of Jan 2019 while perm will be in process.
    What are the ways i can come back US, after i go back to India?

    Please suggest.

    Thanks.

  • #2
    I'm only telling you from what I have learned from these forums so don't solely rely on it. I would really appreciate if someone could correct me if I am wrong. I think you will have 2 scenarios:

    1- PERM gets approved within 365 days: Get I-140 approval, then get H1B extension for 3 years, then finally get H1B visa to travel to US. [Only if priority dates not current]
    2- PERM remains pending for 365 days: Get 1 year extension, then H1B visa to travel to US.
    Last edited by Nafsiyati; 12-16-2018, 11:27 PM.

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