H1B PERM applied in 6th year ending in 4 months. Can H1B be extended?

Hi Anil,

I came to US on L1B visa and converted to H1B in 2016 and currently in 6th year of stay, My company applied ETA9089 in the month of June 2018 and max out date is Sep-2018 including all the accruals.

Currently 9089 processing time is 5 to 7 months and my questions is Can i stay in USA till Sep 2018 and go to India and come back to USA once I-140 is approved or Do i need to apply for new H1B visa in the lottery or same H1B can be extended or Do i need to stay 365 days outside the country.

I am completing 6 years of stay (L1B+H1B) visa, Please give me some options.


Normally, I suggest to keep some time left in your full 6 year time to keep more options open.

For e.g. Just stay like 5 year and 8 or 9 monhs and the leave.
That way, USCIS does not create any issues later when you apply for #h1b-extension using your #i140.

You can apply for extension after using complete 6 year too but it’s recommend to leave at least some time.


Thank You Anil. It is really helpful.