I-797 Expiry date

[sahilp]

Hello,

I am on H1 visa and my current I-797 has expiry date of 12/21/2015. This is my 6th year on H1B. I had started the GC process very late and currently 1st stage is in progress. (PERM processing started in March 2015.)

I did travel to India last year and was there for 2.5 months. Since I spent time outside of US, does this pushes the expiry date on I-797 by 2.5 months?
I am trying to figure out if I-140 could be completed before the expiration of my 6 years on H1b.

Thank you.

[raghvi]

Hello,

I am on H1 visa and my current I-797 has expiry date of 12/21/2015. This is my 6th year on H1B. I had started the GC process very late and currently 1st stage is in progress. (PERM processing started in March 2015.)

I did travel to India last year and was there for 2.5 months. Since I spent time outside of US, does this pushes the expiry date on I-797 by 2.5 months?
I am trying to figure out if I-140 could be completed before the expiration of my 6 years on H1b.

Thank you.

Tight rope, but if there is no audit then there is a chance of getting it approved by Dec 2015. As for recapture time, it does not automatically happen, it needs to be requested. You can probably wait till Sep 2015, if PERM does not go to audit, then take a call whether to file an extension requesting the recapture of the 2.5 Months.

This is my opinion not legal advice.

[sahilp]

Thank you raghvi. That makes total sense.