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H1B Extension After PERM filing

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  • H1B Extension After PERM filing

    Hi All,

    My PERM was filed on 6/12/09 under EB2. The 6th year of my H1B expires on 2/3/2010. I have about 80 days of out-of-US time that can be captured for the H1B extension under the 365 days of labor filing provision. I am planning to take a vacation in September-October of 09 primarily of "make up" the difference for the 365 days. I have two questions:
    1) I am not sure about the 80 days and it could be +-10 days. The total days were during to four trips to India from the 2004-2007 period. I could approximately figure the days from the stamped arrivals/departures in the passport but they are, on occasions, hazy. How do the USCIS verify these days when extension is filed and the days are captured.
    2) I have to get visa stamped in India as the current one I have expired on 6/11/09. Are there any specific risks since I'll be in India in September-October and my H1B goes only till 2/3/10. (I can only file for extension after coming back from India!)
    Would like to hear from people with similar experiences. Senior members, please advise.

    Thanks.

  • #2
    Hello agni,

    I am in a similar situation as you are. Did you figure out a solution yet?
    Please let me know what you did or intend to do.

    Thanks a lot.

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