PERM filed in 6th year (75 days short of 365 days), H-1B requests through 9/17/18

[g.sharma1]

Situation: Spent 3 years on L1B, immediately started H1B, now finishing 3 years on H-1B on 9/17/2018 (including recapture days). PERM filed date 12/01/2017. Therefore, 75 days short of 365 days. I am looking at below options to ensure I maintain legal status and work in case I-140 does not come through till 9/17/2018. Please suggest which would be best course of action?

1) Leave US on April 15 2018 and come back 75 days later, creating 75 recapture days. Use the recapture to stay in US till Dec 1, 2018 and then file One year H1B extension based off proof that PERM filed 1 year earlier .

2) Leave US on Sept 10 2018 (7 days before Sept 17), work remote till Dec 1 2018, thereafter come to US on H1B extension based off proof that PERM filed 1 year earlier .

3) Change to B visa within US after Sept 17 2018 for 75 days as a tourist. Switch back to H1B One year extension after Dec 01, 2018. I already have a B visa stamped few years ago.

4) If there are any other feasible options, please suggest.

[krypton9591]

Situation: Spent 3 years on L1B, immediately started H1B, now finishing 3 years on H-1B on 9/17/2018 (including recapture days). PERM filed date 12/01/2017. Therefore, 75 days short of 365 days. I am looking at below options to ensure I maintain legal status and work in case I-140 does not come through till 9/17/2018. Please suggest which would be best course of action?

1) Leave US on April 15 2018 and come back 75 days later, creating 75 recapture days. Use the recapture to stay in US till Dec 1, 2018 and then file One year H1B extension based off proof that PERM filed 1 year earlier .

2) Leave US on Sept 10 2018 (7 days before Sept 17), work remote till Dec 1 2018, thereafter come to US on H1B extension based off proof that PERM filed 1 year earlier .

3) Change to B visa within US after Sept 17 2018 for 75 days as a tourist. Switch back to H1B One year extension after Dec 01, 2018. I already have a B visa stamped few years ago.

4) If there are any other feasible options, please suggest.

I would suggest you consult with an attorney that is extremely familiar with this type of situation

[scientist2016]

Situation: Spent 3 years on L1B, immediately started H1B, now finishing 3 years on H-1B on 9/17/2018 (including recapture days). PERM filed date 12/01/2017. Therefore, 75 days short of 365 days. I am looking at below options to ensure I maintain legal status and work in case I-140 does not come through till 9/17/2018. Please suggest which would be best course of action?

1) Leave US on April 15 2018 and come back 75 days later, creating 75 recapture days. Use the recapture to stay in US till Dec 1, 2018 and then file One year H1B extension based off proof that PERM filed 1 year earlier .

2) Leave US on Sept 10 2018 (7 days before Sept 17), work remote till Dec 1 2018, thereafter come to US on H1B extension based off proof that PERM filed 1 year earlier .

3) Change to B visa within US after Sept 17 2018 for 75 days as a tourist. Switch back to H1B One year extension after Dec 01, 2018. I already have a B visa stamped few years ago.

4) If there are any other feasible options, please suggest.

All three options re OK. However, the options in the order of most promising to least promising are 1, 2, 3. So I would recommend going with option 1. Leave the US leaving enough of a recapture time, preferably around 3 months, and then return after I140 and H1 extension (so that you can get the H1 stamped in your Visa and be free to travel for the next 3 yrs. or so depending on your H1).