H1B Stamping with expiry soon

[cini]

My H1B is expiring on this Dec2015 .It can be extended to another 6 months max(my max out date is May2016).
I am planning for a vacation on Aug2015 and go for stamping. Will it be an issue as only 4 more more months are left in my H1B ? . My stamping is planned before extension filing . I will get it done by Sep 2015 when I come back

I understand there were issues reported like this in the past while stamping but my question is

1. Since I still have an option to extend it for another 6 months does that help while going for interview from geting rejected.

2. My PERM will get filed by May2015 .I heard PERM filing status can also help in preventing rejection. Is it like PERM should have got filed atleast 1 year before or just filing is enough to get this advantage.


Kindly help.

[raghvi]

My H1B is expiring on this Dec2015 .It can be extended to another 6 months max(my max out date is May2016).
I am planning for a vacation on Aug2015 and go for stamping. Will it be an issue as only 4 more more months are left in my H1B ? . My stamping is planned before extension filing . I will get it done by Sep 2015 when I come back

I understand there were issues reported like this in the past while stamping but my question is

1. Since I still have an option to extend it for another 6 months does that help while going for interview from geting rejected.

2. My PERM will get filed by May2015 .I heard PERM filing status can also help in preventing rejection. Is it like PERM should have got filed atleast 1 year before or just filing is enough to get this advantage.


Kindly help.

When you say 6 Months, is it time that you are trying to recapture?

1. As long as you have a valid approved petition you can use it to get yourself a valid visa. Now in order to prove that you still have 6 Months H1 remaining the attorney would have to build a case providing proof of your stay in US for only 5.5 Years with suitable entry and exit records and seeking extension for the remainder.
2. Rejection is not dependent on PERM filing. As for PERM filed at least 1 Year before 6th Year completion, that is required to get extension beyond 6th Year. Suppose you do get the time re captured, it will allow you extension from Dec 2015 to May 2016.
Further, only if PERM is filed by May 2015, then in May 2016 your employer can file another extension based on PERM pending for 1 Year to get H1 extended till May 2017. Now, if by May 2016 your I140 also gets approved , in May 2016 your employer can request for additional 3 Years. I would expect your attorney to have already explained these scenarios to you.

This is my opinion not legal advice.

[cini]

Thank you so much for the quick reply as I am waiting for these opinions to plan my trip

Yes 6 months is the time i need to recapture for filing my next last possible extenstion. This I was planning to do once I come back in Aug 2015 end .

1. So are you telling when I go for stamping ,I need to take this case providing proof also from attorney to prove that I have 6 more months ,if they ask. Please confirm. I will talk to the immigration team here.

From what I know,there is a possibility of rejection if you dont have 6 months left in your visa which you are carrying on time of your stamping.But since I am eligible for 6 more months ,my doubt was how to prove this and will such a thing help

2.I understand the extension rules. I was told by friends that if you have your PERM filed for last 1 year or an 140 approved in hand ,that will only help in such cases when you go for interview . If your PERM is just filed (mine will be in May 2015) it may not be useful.