H1B Max Out Option / PERM Approval

USA H1B Visa
1

Hello Friends,

I really appreciate all help Redbus2Us is providing through this Forum / Portal on all kind of immigration questions. All these feedback helping lot of folks here in the country. I need your suggestions on below questions.

I have been working in the US on H1 Visa. My perm is going to be filed shortly and I am not sure whether I would get my Perm approved before maxing out date.

  1. My current I-94 is getting expired in Mid October 2019 (same is mentioned on I797 as well) and My 6 years for H1B visa is getting maxed out during last week of December 2019. So my question is, so as to claim my stay till max out period, is there any process I need to go through? As my understanding its status is valid purely based in I-94 date and dates mentioned in I797.

  2. Suppose if don’t get perm approved till the end of Max out date, then the only option I have is to go to India and wait until I get the approved PERM and then apply for I140 and get it approved and travel back on stamped visa (by applying to extension)? Is that correct?

Regards

2

  1. Yes, status is purely based on end of I-94 date. So, technically you need apply for H1B extension before that to get it extended beyond October. You need to submit proof of the times you spent, if needed to claim that remaining period and get it until december. Work with your attorney.

  2. Well, that’s the typical process. But, as you would be out of the country, some of these things can vary. I suggest you work with an attorney on this.