How long before leave US before H1B and I 94 expires

[kathu]

Hi Friends
My H1B (6 year max out) and I-94 are ending on Sep 24 2014. PERM filed on Sep22 2013 ,it is under the audit and still pending. I cannot extend my 1 year H1B extension based on pending PERM since I will be eligible to apply this after 365 days that is on the Sep23 (just 1 day before my i-94 expires).

So I would like to know what is the safest date I can leave US? Some people say we have to leave US at least 3 weeks before I-94 expires and some other people say we can stay here till I-94 expiration date.
My employer is planning to apply H1B extension after 365 days from India.
Considering this, can anyone suggest best practice to leave US before I-94 expires?

Thanks
Kathu

[raghvi]

Hi Friends
My H1B (6 year max out) and I-94 are ending on Sep 24 2014. PERM filed on Sep22 2013 ,it is under the audit and still pending. I cannot extend my 1 year H1B extension based on pending PERM since I will be eligible to apply this after 365 days that is on the Sep23 (just 1 day before my i-94 expires).

So I would like to know what is the safest date I can leave US? Some people say we have to leave US at least 3 weeks before I-94 expires and some other people say we can stay here till I-94 expiration date.
My employer is planning to apply H1B extension after 365 days from India.
Considering this, can anyone suggest best practice to leave US before I-94 expires?

Thanks
Kathu

If your 365 days is getting over on Sep 23, 2014 then why the need to leave US? Technically you can apply for 7th Year extension on 23rd/24 Sep as by then your 365 days would be completed and yoru PERM is still pending.

This is my opinion not legal advice.

[kathu]

If your 365 days is getting over on Sep 23, 2014 then why the need to leave US? Technically you can apply for 7th Year extension on 23rd/24 Sep as by then your 365 days would be completed and yoru PERM is still pending.

This is my opinion not legal advice.

Thank you Raghvi. I know we have to submit the extension on Sep 23. I discussed with our immigration team of my company they said, I will be eligible to apply extension on Sep 23. By any chance the petition is not received on that date I will be out of status. In order to avoid that situation, it is better to leave US before expiration of I94 then extend the H1B from India. That's why I am planning to leave US. So can you please suggest the best time frame to leave US before the I94 expiration ? Is there any guideline?

Thanks in advance.

[raghvi]

Thank you Raghvi. I know we have to submit the extension on Sep 23. I discussed with our immigration team of my company they said, I will be eligible to apply extension on Sep 23. By any chance the petition is not received on that date I will be out of status. In order to avoid that situation, it is better to leave US before expiration of I94 then extend the H1B from India. That's why I am planning to leave US. So can you please suggest the best time frame to leave US before the I94 expiration ? Is there any guideline?

Thanks in advance.

Will you exhaust all of 6 Years on Sep 23rd? That is, you would have spent 2190 Days in US on H1 status on Sep 23rd?

As for leaving before I-94 expiry, there are no guidelines on that, one can leave even on the last day of I-94 expiry. One should absolutely avoid staying more than the I-94 date.

This is my opinion not legal advice.

[kathu]

Will you exhaust all of 6 Years on Sep 23rd? That is, you would have spent 2190 Days in US on H1 status on Sep 23rd?

As for leaving before I-94 expiry, there are no guidelines on that, one can leave even on the last day of I-94 expiry. One should absolutely avoid staying more than the I-94 date.

This is my opinion not legal advice.

Thanks.