PERM Approved, I 140 not applied - H1B expiring on 1st Jan 16

[Tony1980]

Hi,

 

My PERM was applied on 13-Feb 

PERM Approved on 16-Sep (yet to get physical letter PERM certificate)

I 140 not applied yet as attorney waiting for physical letter.

 

H1B Visa expiring on 01-Jan-16 (but i went outside US for 30 days last month so not sure if that helps)

 

Question

 

1. Can I get 1 year of extension based on above facts or I need to get I-140 approval to be eligible for any further extension?  (My company is ready for I 140 Premium)

 

2. Does 365 PERM filing condition matters if PERM is approved? 

 

Basically what is the best option available for me.Thanks in Advance.

 

Tony

 

 

 

 

[jairichi]

1, Only with I-140 approval you are eligible for 3 years extension.

2. It is irrelevant to you as it wasn't the case for you.

[rara5]

The rule is: 1 year H1B extension if PERM is pending for more than 365 days- or 3 year extension if PERM AND I 140 are approved. Approved PERM with a pending I-140 doesn't allow any extensions.

So the only scenario applicable to you is the 3-year extension one. And yes you will have to apply for I140 in premium to get approval prior to Jan 1 (regular I 140 processing time is upto 6 months) - so that you can extend the H1B by Jan 1.

[Tony1980]

Thanks for your responses.

My PERM was approved on 16th Sep but Attorney has not received physical letter of approved PERM. Attorney mentioned that without getting physical letter they can not file I-140. 

 

1. Is it typical of DOL to take so much time in sending physical approved letter ?

 

2. My Visa is expiring on 1st Jan 2016 but I assume I dont have any other option than waiting for physical letter? 

 

3. I was out of US for one month last year so essentially i have 30 more days (from 1st Jan 2016) if I apply for an extension but does it make sense to do that or better wait for I-140 to apply as I still have 70-80 days on current visa?

 

Thanks

Tony

[jairichi]

Thanks for your responses.

My PERM was approved on 16th Sep but Attorney has not received physical letter of approved PERM. Attorney mentioned that without getting physical letter they can not file I-140.

1. Is it typical of DOL to take so much time in sending physical approved letter ?

2. My Visa is expiring on 1st Jan 2016 but I assume I dont have any other option than waiting for physical letter?

3. I was out of US for one month last year so essentially i have 30 more days (from 1st Jan 2016) if I apply for an extension but does it make sense to do that or better wait for I-140 to apply as I still have 70-80 days on current visa?

Thanks

Tony

Request employer to file I140 in PP.

[rara5]

You should have received the DOL letter by now, but yes it does take 2-3 weeks sometimes. Given the time frame - the only option is to apply in premium and if approved - apply for a 3 year H1B extension. Else you will have to leave the country by Jan 1 and wait for I 140 approval and then get the stamp at the consulate to come back.

[Tony1980]

Thanks But Attorney said without Physical letter I140 can not be filed in PP and now they have applied in regular on 30th Oct.

with assurance that USCIS will request for duplicate PERM from DOL whihc normal comes in 3-4 weeks and then they will change it to premium.

 

is it possible?