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About gkraju747

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  1. thank you for that clarification...after I leave in July, if my PERM gets approved say in August or September, can I get 1 yr H1 extension and get back immediately with stamping done?..will that work?
  2. gkraju747

    ########## October 2011- PERM Tracker ##########

    I have same situation..PERM aplied 10/12/11 and got a request to sign the 9089 form in March..do not know whether it is audit or not but I am still waiting and worried about status...can you shed some light on what happened to your PERM?..has it been approved/pending/audited ???..please let me know
  3. If I go to India in May and stay there for 3 months .. .then, without me returning to US in July(ie I will still be in India as I can work from India as well temporarily if needed), can my employer apply for H1 extension of recapturing the 3 months since I would have been in India for that duration?(that would cover the 365 days rule) or is it mandatory to return to US before it expires to be able to recapture the period? (in other words, can I recapture the time while I am in India itself) PS: I have a reason due to which I am checking on above possibility as you might wonder why I do not want to return and then recapture.
  4. yes, I have recaptured time outside US and July end will be 6 yrs with those recaptured times. my employer is sure if he applies for H1 extension in July before I have to leave the country with start date of Oct 2012 and get me back whenever it gets approved, then it is totally acceptable to do so and he checked this from lawyer. To immigrationseeker, "If you are not in US, then you do not have any status.So you are never out of status"....based on this comment can I assume that the period of July-Oct when I am out of US due to 6yr limit expiry, it will not hinder my extension of H1 from OCT based on pending PERM? the reason I am so worried is I came across this 2008 memo in USCIS website which claims otherwise to all what we are assuming and even what my employer/lawyer says and I am confused if it applies to my situation or not??? http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/ac21_30may08.pdf (please see PAGE 12, POINT C, specifically last sentence, it says about not being in H1 status during the 365 day period)
  5. thank you so much for your response...this is very imp for me and my family...you said I am correct, so let me please make sure this is what you mean and what I can take from your reply. "I will leave US on July 30 but my employer will file for 7th yr extension in July(before I leave) with requested start date in Oct 2012 as PERM will be pending for 1yr by then. I will be out of H1 status for about 2 months but I can still be granted an extension from OCT using which I can return. I need not have wait for 1yr and start a new H1 process". if my above statement in quotes is correct, please kindly reply a YES. thank you so much again.
  6. My H1b 6yrs limit will be over in July30, 2012. My PERM is applied in October 2011 and still pending so it will not be 1 yr by July if it is not approved as I will be 3 months short to get 7th year extension. I have to leave the US in july if that happens. My question is , even if I return to India, during those 3 months(july-oct) as my PERM will be in pending from my employer in US, can he get me 7th yr extension from Oct 2012 when PERM would have been pending for 1 yr by then, and then send me to stamping and get me back to the US in October 2012 provided I have client letter as well from the same job I have been working???