close to end of H1B, applying LCA, Next steps

[vivin4689]

Hello,
My current H1B expires on 10^th Sep 2021 and this is my last year on H1B. My company is planning to apply for Labor Certification (LCA) in August 2021.
My attorney asked me recapture lost H1B days (51 days) by which my H1B can be extended till October 4^th 2021, in meantime apply for B1/B2 to stay within USA until the LCA gets approved since the projected approval time for LCA goes over my H1B end date. Once LCA is approved, he will apply for I140 premium and with that approval he can apply for H1B extension.
Can someone help me whether it is a viable option or Leave the U.S. and Return After the 365-Day Point of LCA application filing date?
Thank you

[rkk09]

Hi,
Please see my answer below.
Can someone help me whether it is a viable option or Leave the U.S. and Return After the 365-Day Point of LCA application filing date?
Answer: You will have two options. one is, do change of status while you are on the status. Once you get I-140 Approved then you can do again change of status to H1B. Another options is, leave country. Once you get I-140 Approval then file H1B Ext and get visa stamped.
Thanks