perm4me Posted July 28, 2016 Report Share Posted July 28, 2016 Hi All, I would like to seek some inputs regarding my Case. I am currently working in USA (for the last 4.5+ years) on H1-B, with an American MNC. Still got approximately 1.5 years left on my H1-B (Max-Out till December 2017). I am in the process of having my Employer initiate my Green Card process. They have agreed to get that initiated; though not confirmed on any timeline. I will not qualify for EB1; hence expecting it to be in EB2 (as I have Masters in Engineering and 9+ years of IT experience). They have confirmed that they will get my GC filed and hold me up that I would be safe, as per 365 days rule (expecting that they would file by this Dec). I believe below are my possible options: 1. If my PERM is approved before my Max-Out (Dec 2017), I can renew my H1-B for 1 year and continue in USA. 2. If my PERM and I-140 are approved before my Max-Out (Dec 2017), I can renew my H1-B for 3 years and continue in USA. 3. If for some reason, I end up in an Audit or any delays and my PERM doesn't get approved, I need to leave USA and get back here, once things are sorted out. I have certain questions over here. A. I can leave USA a bit early before my Max-Out, to hold some months on my current H1B and get back here once my I-140 gets approved with the same H1-B. Am I correct? B. Even if I happen to leave USA, can the PERM & I-140 processes still continue on the background (considering my Employer doesn't withdraw the case)? Meaning will the DOL/USCIS require the Employee to be in USA, when these PERM and I-140 processes happen? C. If I happen to get a Canadian Work Permit initiated by my Employer, will that have any negative impact on my current H1B and GC Process? If at all, I leave USA I am planning to work from Canada (with a Canada Work Permit) and get back to USA once I-140 gets approved. Does this sound ok? D. What are my other options here? Please note that I do not want to join any other Company/Consultancy for getting GC. Hence, I am ruling out that option. Thanks in advance for all your responses. Link to comment
pontevecchio Posted July 28, 2016 Report Share Posted July 28, 2016 1. Approved PERM by itself does not help. PP of the I-140 could be possible after PERM approval if your circumstances qualify. 2. I-140 approval gives you 3 year extensions. PERM or I-140 pending 365 days gives you one year extensions. 3A. Broadly, yes. 3b. Yes 3c No impact Link to comment
rahul412 Posted July 29, 2016 Report Share Posted July 29, 2016 For H1 approval beyond 6 yrs, you need to have either i140 approval or pending PERM for more than 365 days. If not you have to leave US or file COS to dependent status. Link to comment
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