Staying beyond 194 expiration date

[gkarthik21]

hi All

need some help here. my company filed for perm and waiting for labor approval. my 194 expires end of jan 2016 and that completes my 6 years in h1b my questions are

1. can i stay beyond that date ? is it illegal ?

2. is there any option i have to continue stay until is approved.

3. My company is asking to take a month off to india and come back so that we can file another one month extension

please let me know

[shervin143]

If your PERM was not filed 365 days prior to your 6th year H1B completion, then there is no way to extend your H1B beyond the 6th year until the PERM and I-140 gets approved. You cannot legally stay in the country without a valid I-94. One option is to switch to H4 or L3 if your spouse is in H1B or L1 status.

Other option is to leave the country before a month from your 6th year end. Once PERM and I-140 gets approved, recapture the remaining time (30 days) on H1B and return back. When you are in U.S, file the extension based on the approved I-140.

[gkarthik21]

i only got 3 months now. so if i go to India i have to embassy for stamping will they even approve

[shervin143]

Yep. As long as your H1B petition is valid, you can appear for the H1B visa. Your employer can even file the extension when you are in India requesting a 3 year period when you have your I-140 approved.

i only got 3 months now. so if i go to India i have to embassy for stamping will they even approve