H1B 6 years expiration soon + PERM applied - planning next step

Dear TruVisa Team,

Can I complete my 6 years in the USA and wait for PERM + I140 approvals in India and can I come back with a new extended H-1B with 3 years stamping in passport?
Please Kindly let me know.!


  • My last day of current H1B ends on May 16th, 2022 &
  • Considering no vacations or recapture days available in current H1B which is expiring on May 16th 2022.

Please enlighten.

Best Regards,

My Question:

If I complete 6 years (no ‘recapture time’ left) of my current H1B in the USA and if my PERM is not approved at the time of expiry date:

  1. Can my employer apply for further H1B extension based on PERM approval pending?. And can I stay & work in the US with the receipt notice? (PERM applied in December 2021).

  2. Or Can I continue to wait in India with my current employer (xyz) without an H1B project job?

  3. Once PERM is approved (while waiting in India), Can my employer apply for I-140 with a new end client project?

Sir, Kindly let me know with a detailed reply for more clarity on this please.

Thanks & Regards,