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My PERM/I140 will not be approved before H1B maxout

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  • My PERM/I140 will not be approved before H1B maxout

    Hi,

    I am currently working in US on H1B Visa (Maxout is April 28 2021)
    My PERM/I140 is being applied (currently on recruitment period stage) but it will not be approved before my maxout.

    What should i do?
    should I stay in US till maxout and come back next year on new H1B once PERM/i140 is approved
    or
    should I leave the country in January, once PERM/I140 is approved file H1B consular notification petition recapturing time (3 months), get the visa stamped and fly back.
    In this case how much is risk in getting consoluar processing petition and getting the visa stamped only for 2-3 months period ?

    please suggest any other better option if possible.

  • #2
    Hi Member,
    should I stay in US till maxout and come back next year on new H1B once PERM/i140 is approved
    Answer: If you stay in the USA until max out then you will need to leave the country and need to wait for one year outside then again apply H1B under CAP.

    should I leave the country in January, once PERM/I140 is approved file H1B consular notification petition recapturing time (3 months), get the visa stamped and fly back.
    Answer: If you leave the country before your H1B Max out, you can stay outside USA until you get I-140 Approval. Once you get I-140 Approval then file H1B Ext including recapturing the balance H1B days. So, this time you will get H1B Approval maximum of 3 years not only the balance days of H1B. Why because, when you file an H1B Ext, you will have I-140 Approval.

    In this case how much is risk in getting consular processing petition and getting the visa stamped only for 2-3 months period ?
    Answer: As I mentioned above, If you get I-140 Approval, then your approval may have maximum of three years. So, you will not have any risk involves in this process. Therefore, you can go and get visa stamped then travel back to the country. Only portion you will need to consider is Job offer availability.
    Thanks

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