H1B Maxout before PERM approval

Hi Anil,

My PERM is in progress but my H1B maxes out in June before the PERM gets approved. I’m planning to travel back to India a few days before the max out so I don’t exhaust all 6 years and I can extend the same petition after my I140 approval. Is this possible? Also, is there a minimum number of days/weeks available in the petition to extend it when i140 is approved?

Thanks in advance!

It is recommended to leave 60 days before your H1B max out date.

But, people also leave just a day before last day.

You can file H1B extention from outside USA once your i140 has been approved.

Thanks Anil! So I’m assuming there is no official rule for the number of days to be left unused but just a recommendation, is that correct?

Yes, that’s correct.

But, recommendation has been set up based on past experiences and issues in extention if not enough time is left in maxout.

Understood! Thanks again!

Hello Anil,

My current 6th year H1B Max Out date is Feb 18th 2020 and PERM has been filed Sept 17th 2019. I am worried as now I have very less time to get my PERM & I140 approval as based on that my attorney can submit my 7th year H1B extension. So could you please suggest when is the best time to travel to india if my PERM is not approved soon.


Please read above.

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