H1B 6 year Expiration and PERM Status


New Member
Hi folks,

I am posting this to discuss the status of my H1B and to see what options I have.

I am nearing my 6 years of H1B on Feb 21st, 2021. My Green Card process started last year but was delayed due to COVID and an RFE on the labour certification. The recruitment phase is complete and my lawyers are in the process of filing my PERM around Dec 10th, 2020. I know that I dont have 365 days PERM application pending for my visa renewal. So my lawyer is about to file recapture time for days that I was outside the country and extend my h1b.

In 2018, I was outside the country for almost 72 days for consular processing with a change in employer. During this time, I got my visa stamped and got it stamped until Feb 21st, 2021. Which is definitely more than 6 years since my H1B kicked in on Oct 1st, 2014 and 6 yrs got completed on Oct 2020. Note: I have another 2 weeks more weeks that I was outside the country.

Would I be able to recapture my time in this situation?

What my lawyer is planning to do about the H1B extension is
1. Apply for Perm on Dec 10th, 2020
2. Request for Recapture time on Dec 15th, 2020
3. Considering it will take 5-6 months for PERM to get approved, around May 2021 the approval will come through (considering there will be no Audit)
4. Premium Process I-140 (May get the approval in 2 weeks)
5. Apply for H1B extension in April 2021 get the receipt and start working

Is this the good plan of action? Not sure if I have any other options. My wife is on her own H1B and moving to H4 is another option so that I dont have to exit the country if I have to. But how much time would it take to get H4 approved?

Please advice!