Can you file H1B extension after its expiry? Can you file H1B if PERM is in process and you are outside U.S.?


An employer can file an H1B petition for an individual  who is outside of the  U.S. Such cases are filed for consular processing, not as an extension of status. These cases can be filed as long as the person is eligible for more H1B time. Generally, under the current USCIS policy guidance it is possible to file an H1B  based upon having filed the PERM at least 365 days earlier, and is safest if  at least a few days were kept aside from the initial six year H1B period. On the other hand, once the I-140 petition is approved, then the H1B can be approved for 3 years even if no H1B time was kept aside to file the Extension of status on H1B. (17.Feb.2014)

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