USA 6th Year H1B VISA with Green Card PERM Process InProgress

Hello Team,

I am currently in USA with H1B VISA and my 6th VISA is going to expire by Dec 20 2019.

My Employer already processed my Green Card process and currently my Privilege Wage has been submitted from Apr 20 2019 and still not received the approval, Once the privilege wage is approved, then my employer will submit the PERM. As I have left for 5 month from now, what will be risk here and please provide me the best idea if I can adjust by going out of country for 2 to 3 month ?

Not sure if my employer will allow for this 2 to 3 month period for this situation or not.

So what is the current status Privilege Wage determination date as my file is submitted Apr 2019 ?

If I get the privilege wage approval by next month, can I able to get my PERM approval and I140 approval within 4 months to extend my 7th Year H1B VISA ?

Please provide me all possible ways to handle this situation or solutions.


We have given total time required from PWD to i140 approval here. It is updated everyday.

You can go out of USA for 2-3 months and then extend your H1B max out date by recapturing that time.

You can apply H1B 1 year extension if PERM was filed before 365 days of H1B max out time.

Hello Anil, thanks for the update, if I am going for 2 months and planning to come back before 30 days of my VISA expiry , is there any issue while returning in airport ?


There should be no issue at airport. Rest is your luck.

Hello Anil,

I am in 6th Year of H1B visa and my employer submitted my Privilege Wage on May 31st 2019 and waiting for approval so far. As I have 3 months left now, what is the best solution ?

If I can travel to India now and plan to come back by end of November 2019, is there any risk for port of entry as my 6th year will expire in 30 days. So if I have valid visa, still they will ask why you want to come back as your 6th year will complete in 30 days?


Please do not ask the same question at multiple places.