close to end of H1B, applying LCA, Next steps

[Redington]

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 of https://19216801.onl/ https://routerlogin.uno/ so that 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 Member,
Could you please provide the exact date of your H1B. I am really bit confuse with the information you provided..
My current H1B expires on 10^th Sep 2021 and this is my last year on H1B Is that this year Sep or next year Sep
My company is planning to apply for Labor Certification (LCA) in August 2021. Is this August 2022?
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 Is that H1B LCA or you talk about PERM Approval? If you are mentioning about PERM Approval, normally PERM will take anywhere between 6 to 7 months to get adjudication. If that is H1B LCA, it will take only 7 days to get certified.
he will apply for I140 premium and with that approval. so that he can apply for H1B extension. If you will be looking for PERM approval and I-140 filing then H1B Ext, then your H1B petition will be approved with consular processing as you will be at the time with different Non-immigrant status( change of status to B1/B2)

Suggestion: To avoid all of these process, better you can leave country while you are on H1B status and have a I-140 petition approval then file H1B petition with remaining un used days. With the help of I-140 Approval, you can seek a H1B approval for 3 years. Once you get H1B Approval, go for visa stamping. Get visa stamped then travel back to the USA.
All the best.
Thanks