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H1b Extension And Perm - Confusing Timeline

Discussion in 'AC 21 H-1B Issues' started by bdbond, Nov 11, 2015.

  1. bdbond

    bdbond New Member

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    Hi Ron,
    my H1B ends March 2017, including 5 months that I was outside US and it has already been recaptured. Now my employer is in the prevailing wage stage of my PERM and it does not look like they can apply before the end of 5th year, which is March 2016. I understand that PERM has to be applied 365 days BEFORE the start of 6th year to be eligible for h1b extensions beyond 6th year. Now my questions:

    1. Planning to take 2 months of vacation to spend out of US. If I take 2 months vacation before the start of 6th year (before my company applies for PERM), does that make a difference if I take these 2 months off within the 6th year (after applying for PERM)?
    2. If I take 2 months off before 6th year start date, does that automatically extends my H1B by 2 months? And does that automatically extend the 365 rule of PERM-filing-to-6th-year-end-date by 2 months? If it not automatic, when and how can I recapture these months?

    Appreciate your responses in this regard. Thanks.
     
  2. DonDraper

    DonDraper Guru

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    Alternatively you can file for i-140 premium once perm is approved and file for h1b extension. There is no requirement of 1 year if i-140 is approved
     
  3. bdbond

    bdbond New Member

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    Thanks for the infor DonDraper. However I am thinking worst case scenario in case the PERM gets audited, what are the best choices for me.
    Based on my understanding, lets say PERM is applied in May 2016. H1B expires in March 2017. So I have 2 months less than 365 days. However, if I take 2 months vacation outside, the H1B expiration gets pushed back to May 2017, and the 365 day rule kicks in. Am I correct?
     
  4. bez

    bez New Member

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    So you want to file your PERM application by March 2016. That's like 4+ months from now, and I feel like you should be able to get all required paperwork done by then. Have you talked to your lawyers about this?

    By the way, it isn't a requirement to finish PWD before starting the recruitment...(although with some risks)
     
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  5. DonDraper

    DonDraper Guru

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    That would be correct.
     
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  6. bdbond

    bdbond New Member

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    to bez:
    yes I have talked to the lawyer about this. They wont start recruitment before the PWD. Hopefully I can submit before March.

    to DonDraper:
    that helps. Thanks for the clarification.
     

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