rara5

The VO generally says if the visa's approved or not. It likely is, the status online shows admin processing for all cases for a little while till they update it to approved. Unless your mother drives trucks or lifts couches I wouldn't worry about her taking away any American jobs.

No such rule, I personally know folks that have travelled and returned to the country with less than a week from the visa expiration.

No issues. If asked just inform the IO that the extension is in process. Note, the risk is if your extension is approved while you are travelling then the extension of stay I-94 that you will get with the approval will be negated by the 10-day I-94 you will get at the POE.

You could file for a COS to a F1 but remember getting admission and I-20 from a legitimate university is not a quick process. Additionally, a COS application can't be filed in premium so you would have to wait 5-6 months (or whatever the current processing times are) to get a decision. You of course have sufficient time left if you are targeting next fall for admissions. The only way to reset the H1B clock is to be physically out of the country for an year. Just changing the status won't get you another 6 years. Your best bet is to find a company that is willing to sponsor a GC. Filing for PERM will likely take upto 6-7 months. Once filed, PERM approval will take another 4-5 months (or whatever the current PERM processing times are - - check the icert website) if not in an audit. If the PERM gets stuck in an audit then it will take much longer (again check icert for wait times). So essentially I think the I-140 could possibly be approved by September 2020 if 1) the company files for PERM relatively quickly 2) PERM is not audited 3) I-140 is filed in premium. If your PERM is audited, it won't very likely be approved by 09/30/2020 and you will have to leave the country before then and wait outside the country till the PERM is pending for 365-days or till PERM gets approved, then I-40 gets approved, to apply for a 1-year extension (based on pending PERM) or a 3-year extension (based on approved I-140). Once the extension is approved and vis stamped you can come back.

Assuming your job is still in place, the company can apply for an H1-B extension with USCIS based on an approved I-140. This is cap-exempt. Once the petition is approved by USCIS you will need to schedule an interview with the US consulate in India to get approval/stamp.

Thanks for the knowledgeable "foundation of GC process" line. I think everyone knows that. I hope. Maybe it wasn't clear--- the point was -- the onus on the employer to prove inability to find an USC/LPR for an entry level position is much harder-- in an audit where additional proof and documentation is demanded. And for your information, besides random audits, DOL has a list of "triggers" that invoke an audit. Entry-level/no experience jobs are top of the list. Any competent lawyer can get you the list of triggers. I suggest informing yourself prior to commenting. YEs, which is why the response was experience in the job can't be counted towards the same job. Also, providing documentation to prove the position for GC is atleast 50 percent different is not easy. DOL analyst review can be very subjective.

Your approved I-140 can be used to extend your H1-B in the future, even if you leave the country, and comeback with a different company. This is ofcourse only until your PD becomes current.

No H1B extension doesn't have any biometrics involved.

The lawyers opinions are correct. You can't count experience in the current job for the same job. So essentially your PERM would be filed under an entry level job with 0-1 years of experience required. This automatically triggers a PERM audit and a RFE. Your company will then need to prove that they couldn't find an eligible citizen with 0 years of experience to meet the job requirements. This would be a tough ask, and given current environment, especially in the computer programming realm, would likely lead to a denial. Your best bet is to find another job --since you still have 4 years of H1B left. You can then use your 2-3 years experience with the current job, as work experience, and your new company can file PERM for a 2-5 year experienced software engineer, instead of an entry level. That application will be much stronger and has a better chance of making it through.

I think you are confusing matters. I-140's can't be merged. Each PERM and I-140 is job and company specific . You can have multiple approved PERMs and I-140's since these are for future jobs. After your PERM is approved, your current company will have to file for an I-140.

Just to clarify -- if you need to go now and assuming you will be able to get back before the H1 expires in September-- why not apply for an extension after you get back? Even if you get back a week before your September expiry, that should give enough time to file the extension paperwork. If you think you can't return before September then CP makes sense. Filing for CP is no different than regular H1B extension. It's the same procedure with regards to filing the H1B extension paperwork (in premium or otherwise) with USCIS. USCIS will still need to approve your petition. So an RFE or any other issues are the same and not any different than if you were applying for an extension of stay while being in the country. The only difference is USCICS will send you a I797B approval notice instead of a I797A notice. I797B notice doesn't have a I-94 attached to it , which means your petition is approved but not your extension of stay (since you are not in the country) which will need to be approved in the consulate. So essentially, with regards to the petition approval, it's the same. Only added step is the consulate interview -- which is not a big deal . Ofcourse there is always some inherent risk associated with the consulate interview (just another layer which can lead to delay or denial) but if your case is straightforward it should not be an issue.

So I would go to icert website and look for current PERM processing times for 1) Normal cases 2) Audit cases. Based on the processing times and knowing when your PERM application is submitted, you can estimate the likely normal date and worst case date your PERM will likely be approved. You would ofcourse need to plan for the worst case date -- which means your H1-B extension should have enough days to meet and exceed the PERM approval date, so that you don't have to leave the country. Since you already have 4 months of uncaptured time available, you can add to it by going on a vacation now ( I would advise as much vacation as you can take), returning before your H1-B expiry, and then filing for an extension for all the uncaptured time. Hopefully that should give you the time that you need to get the PERM approved and then I-140 approved. IF not, then you will have to leave the country at the date you max out the H1-b and return after I-140 approval ( which I don't envision being too long a period).

In both cases, you will have to leave the country on the day your H1-B ends. Could file for a COS before H1B expiry to H4 (if that's an option) or F1 (not advisable) but it's a risky option. The earliest you can come back is 365 days after the date your PERM was applied (if the PERM is still pending) or after your I-140 is approved. In both events the company can file for a H1-b extension-- based on a 365-day pending PERM (1-year extension) or an approved I-140 (3-year extension). Once the extension is approved for consular processing, you will need to get stamped and can come back. So yes AC21 allows for H1-B extension after the H1-B has been expired and the beneficiary is out of the country, based on the pending PERM or approved I-140.

That was extremely quick to get the PERM approved in 2 months. Don't see any issues with the time frame now. Plenty of time to file for I-140 and H1-B ext and get them approved ( in premium) before Aug 15. Only thing that could disrupt it would be a I-140 RFE, but a properly filed one shouldn't generate one.

You are accruing illegal stay if you exceeded 240 days without a valid status. You can't apply for COS since your I-94 is already expired, so changing to H4 will have to happen after you leave the country. GC is separate from H1B and remains valid with the priority date, if the job is still available. The I-140 can be used to apply for future cap-exempt H1B applications. All this is assuming illegal stay doesn't have an impact. Best to consult a good attorney.