H1B PERM applied 11 mon before Maxout, Got PERM Audit - chance for my H1 extension?


Could any one suggest on the below.

My H1B PERM applied 11 Months before Max out, Got PERM Audit this month & left with 6 Months for my H1 MaxOut. What are chance for my H1 extension.

Raghuram N

You can file H1B 1 year extension if perm is pending more than 365 days.

To fill the gap of 1 month for completing 365 days, you can go out of US for vacation and then come back and file H1B extension to recapture the time.

Ok, I am going to INDIA next month for a month vacation.

My visa is valid till 7/20/2020. For 1 month we need to do the extension?
By the time i get approval i will complete the 1 month max out i.e 8/20/2020.

Then again i need to apply for extension based on PERM Audit?

I do not know the case details and your specific maxout dates.

You cannot stay in US without filing an extension if the current i94 has expired.

Hi Anil,

Thanks for the response. My case details are as below and guide me accordingly.

I will complete 6 years of My H1B on 7/20/2020. I have valid I-94 till 7/20/2020. As i am going on vacation to India for one month , my new Max Out date would be 8/20/2020 but still my i-94 valid till 7/20/2020.
My Perm applied on 10th Aug 2019 and i got PERM Audit on 10th Jan 2020 and my company responding to my Audit before 15th Feb 2020.

In this case should i leave country before 7/20/2020?

As per you i should come back and file H1B extension to recapture the time. is it before my i-94 expires [7/20/2020] ? If we file extension that will be only for 1 month then again i need to file extension based on PERM pending decision more than a year . Do i have to file 2 times for extension ?

Please guide.

Raghuram N

Yes, you will need to first file extension for 1 month to recapture your time and then again with pending or approved PERM after 365 days of PERM filing.

Thanks Anil. This helps.
Have one more question if we file extension for one month to recapture the time, the approval decision would take more than a month. So before we get decision ,we need to apply for extension based on PERM audit pending more than 365 days?
Please suggest how should i go about this.

Yes, that’s correct.

But, i suggest to file recapture and next extension in premium.

Thanks Anil for your time.

1 Like

One more Question Anil, Based on PERM approval can we get extension for 1 year?

I did answer it clearly in my earlier reply. Please read to save both your and my time.