What to do if the I-94 extension I received is valid for another 9 months but my 6 year max out date is in 5 months as per the max out calculator?

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What to do if the I-94 extension I received is valid for another 9 months but my 6 year max out date is in 5 months as per the max out calculator?

I need to know until which of these dates I am legally allowed to stay and work in US. I currently do not have a green card application in process but am planning to submit one soon. Another question I have is that if I file a green card application then for me to get further extensions on my H1B visa, will I have to have my I-140 application approved by my max out date or by my current expiry date?

Asked on October 24, 2012 under Immigration Law, Texas

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your i-94 must be based on an H-1B extension that recaptured some time in H-1B status for time you may have spent outside the US over the course of the past 5 plus years.  Your I-140 would have to be approved by the time your max in H-1B status would run out, which would most likely correspond to the new I-94 you received.  Keep in mind, however, that before you can file the I-140, the PERM has to be approved.  For PERM to be filed, your employer has to have at least 2-3 months of prefiling recruitment.  Then PERM is pending for a minimum of 3-5 months, these days.


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