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PERM filed and only 10 months remaining on H1B

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  • PERM filed and only 10 months remaining on H1B

    Hi All,
    My PERM just got filed this week(November 16th, 2015) and my 6th year of H1B expires on September 25th, 2016 after capturing all out of country visits. I'm a Canadian citizen and don't need to go to a consulate for stamping so considering the touch & go situation- Would it make sense for me to go to Canada for a few months to recapture sometime on my H1B? I was wondering if it would be okay to leave to Canada in June 2015 for 3 months and then come back on September 1st to recapture my H1B? So in this case my H1B will be extended to December 2015 but what if my PERM and premium processing 140 take longer than December 2015? Can I stay out of the country for longer than September 25th, 2015(my end date on h1b) and come back ony after PERM approval and still recapture the 3 months even if it's after September 25th, 2015? Logically the H1B expired on September 25th, 2015 so can the recapture only happen if I come back before that date or can I do it even after ? So considering this, if my employer agrees, shall I leave for Canada for 6 months if that'll buy me more time untill March 2017 in case there are delays in processing the PERM and 140?
    I'm just exploring the best possible option as I have a kid in public school and a lot at stake. My wife(Indiam citizen) & kid(USA citizen) have spent a lot of time outside USA(atleast 7months) so I was thinking I can go out of the country alone while my kid finishes up school till June with my wife and then they can join me later. We can all come back on September 1st, 2015 and recapture 6 months for the wife & me and that way have enough time for the PERM to be approved?
    Please offer your best suggestions.

  • #2
    The best option is to leave the country with few months pending on your H1B CAP and return back after your PERM gets approved. Then file the I-140 in premium, get the result in 15 days and file the 7th year extension based on the approved I-140 (you can request for 3 years extension).
    Not a legal advice. Use of this information is strictly at your own risk.