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Perm Application Filing By 5th Year

Discussion in 'Immigrant labor certifications (PERM)' started by Ronny Mehta, Feb 18, 2016.

  1. Ronny Mehta

    Ronny Mehta New Member

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    Hi Ron - My situation is as follows

    1. Currently my H1B expires 02/16/2017
    2. End of 5th year: 02/17/2016
    3. There is some time which is not captured on my visa. I was out of country longer but that does not reflect. It should be 03/21/2017
    3. In order to quality for post 6 year extension I have two options
    a. Either my Perm in filed before my 6th year begins which is not gonna happen as we have just started the job posting process
    b. Or I have approved I140 before end of my 6th year

    Lets say I leave US my 1st week of March for 2 to 3 months. In this time the recruitemnt and interview process will be completed. Lets assume that all this is completed by May1st 2016 and they are ready to file my perm by May 15th 2016.

    1. Can they file my PERM if I am not in US
    2. If they can how will my attorney capture my new 5th year expiration date for this process?

    Please advise asap

  2. Santy

    Santy Guru

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    You should take a shot and file your labor as soon as the job posting freeze is completed. Your labor might get approved before 02/16/2017. Not guaranteed though. What are you going to achieve by going out of country for 2 months. You are here because of your H1 which will expire on 02/16/17. I am quite sure that no company will file H1 for your remaining 2 months. Remember your GC process is separate and has nothing to do with your H1 dates. GC process can go separately at its own pace. If your labor is not approved before H1 expiration then go out of the country and wait for either labor approval or 1 year mark after labor filing date. You can come on a new H1 based on either of the above scenarios.
  3. DonDraper

    DonDraper Guru

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    Haha your idea of PERM being filed by May 15th 2016 sounds too good to be practica.

    1) Yes
    2) Dont know what you are asking for. Its simple there are 2 ways to get extension beyond 6 years

    a) Your perm should be filed atleast 1 year before h1b end date of 6 years. If its pending at the time h1b end date you can apply for extension based on the situation of 1 year pending.you can get 1 year extension
    b) Your perm is filed and approved and your i-140 is filed and approved before you last day of h1b { aka 6 years end date}. you can apply for 3 years extension based on i-140 approval.

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