My H1B valid stay will end on Nov 28, 2021 including all the recapture time. My employer has agreed to file the PERM and I expect them to start sometime in June 2021. Considering the timelines and processes involved, I am pretty sure that the PERM approval won’t happen before my validity is up.
While I intend to leave US 60 days before my validity is up, considering the COVID situation I do not want to take any risks for my family if infections are still at peak during the time of travel.
Having said that if I happen to stay in US exhausting all of my valid H1B stay till Nov 28 and then leave to India thereafter,
- If my PERM and I140 are approved while I’m in India, will I be able to get a 3 year extension considering that I have already exhausted all my 6 years?
- If at all I’m able to leave US 30 days earlier assuming COVID situation is better, does that better my chances in getting a 3 year extension if my I140 is approved?