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About rara5

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  1. Not sure if I understand correctly, but you left the country 5 months before your H1B expiry? Not sure why, you could have used up the full duration. Technically I think you can apply for a 5-month extension to capture the unused H1b time but not sure what the chances of approval will be. Once I-40 is approved, the company can apply for a 3-year extension even when you are outside the country and your old H1b is expired. Once approved you can come back.
  2. After the I-40 is approved, the employer files for a 3-year extension (hopefully in premium as well) based on the I-140. Once the extension is approved and you get the stamping done can come back into the country. Alternatively if the PERM gets stuck in an audit and takes more than 365 days to clear, then instead of waiting longer for it to clear, the employer can file for a 1-year H1B extension (based on a pending PERM) at the 366th day. Once that is approved, you stamp and come back and can start working. And when the PERM does clear, and then I-40, apply for the 3-year extension.
  3. No you can't work on any receipt. You can only extend the H1 when the PERM and I140 are approved or if your PERM is pending for 365 days. With the timeline you describe, unfortunately you don't have many options and you will have to leave the country by 10/20/19 (the extent of time outside will depend on when your PERM is actually submitted) and wait till your PERM clears and apply for I-40 in premium and when that is approved, apply for a 3-year extension and then get back into the country. Alternatively, if the PERM remains pending for 365-days after application, you can apply for a 1-year extension and get back into the country.
  4. rara5

    H1B 7th Year Extension after max out

    Probably too late now, but you don't need to keep any days in the current H1B to extend it beyond 6 years as non-cap. You can extend it based on the approved I-140 even if you left the country on the last day of your current H1b expiry.
  5. rara5

    H1b after 6th year

    You only have to wait 365 days to file for a 1-year extension if your PERM is still pending and not approved. As soon as your I-140 gets approved you can file for a 3-year extension and on approval can return back.
  6. There is a possibility that even your PERM will not be approved before Oct 2019, if it is audited. There are two senarios: 1) As you assume, your PERM gets approved but your I-140 doesn't prior to Oct, 2019. You should leave the country latest by the date your current H1-B expired. When your I-140 s approved, the company files for a 3-year extension, and on approval you can re-enter the country. This will be cap-exempt. 2) Your PERM is audited and not approved by Oct 2019. You leave the country by the date of your current H1B expiry. You wait for the PERM and I-140 to get approved and then similar to above. Alternatively if the PERM takes a long time (more than 365 days from date of applying) to get approved, then at the 365 days point, company can apply for a 1-year extension based on pending PERM and once approved you can re-enter and then apply for 3-year extension when the PERM and I-140 get approved. In all scenarios it will be cap-exempt. But you should not exceed your stay in the country past your current H1-b expiry.
  7. Not clear what exactly you are asking. How will you file for an extension if your PERM isn't even filed yet? But if you're saying that in the next 7 months you expect the PERM and I-140 approved and then you'll file for an extension, then in that case your out of the country stay will not be added. You will simply get the three year extension. The extension to recapture H1B time is generally applied for as a sort of bridge to prolong your stay in the country till you can file for a proper extension. If your PERM is being applied for soon then it is likely to be certified before FEB 2020 if not audited. If audited, only then you should apply for the recapture H1B time extension just prior to Feb 2020, so that your stay is extended another 5-6 months, which would bring that date within the 365-days of your PERM being filed. In which case you can file for a 1-year extension based on a pending PERM. This way you can maintain continuity working and living in the country.
  8. I think the current PERM processing is for Dec 2018 (you can confirm on the icert website), so if your PERM doesn't get caught up in an audit it will likely be certified in the next month or so. Once that happens, your company can file I-140 in premium(make sure the company is aware of the tight timeline and all I-140 paperwork is ready to go). That should give you enough time prior to June 20 to have an approve I-140 to be able to file an extension. In case the PERM is caught in an audit then you will not meet your June 20 date. In that case you will have to leave the country, but can prolong the date by filing an extension if you have any uncaptured H1-B time left. If not, you will have to leave by June 20 (latest) and then in Dec 2019 your company can apply for a 1-year extension based on a 365-day pending PERM. Once that is approved you can come back and when the PERM clears apply for I-140 and after approval, apply for a 3-year extension. Also, you don't have to leave a month before June 20. You can completely exhaust your 6-year H1-B (i.e stay till June 20) and apply for the 7th year extension based on a pending PERM or approved I-40. And yes, both PERM and I-140 can be applied for while you are outside the country.
  9. Yes, if the labor and I-140 get approved, or if your labor is pending for more than 365 days - If you are out of the country for either scenario - your employer can file for a H1-B extension ( 3-years former, 1 -year for latter) and once approved, you can go to the consulate for the new visa. So, if your PERM application goes in by June 2016 and in the event of an audit is held up - You can apply for the one year H1-B extension in June 2017. You will have to leave the country in April 2017, so maybe a 2-3 month gap in employment in a worst case scenario.
  10. rara5

    PERM Denial Question - help

    You could appeal - does the job posting by your employer match your degree? Was the job posting typical/similar of what your employer has posted in the past and employed people with similar degrees for the position? If yes, then you could successfully argue the case. IMO reapplying is a good back up. Make sure the job description and the requirements matches your credentials - but it shouldn't be specifically tailored. Be prepared to have an employment gap next year since if you reapply PERM it will be less that 365 days and in the event PERM is audited - you can only extend your H1B after the 365 days are over from the date your new application was submitted.
  11. rara5

    Labor status

    June 2014 audits were being answered sometime in September. Hopefully you should hear back soon and favorably.
  12. 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.
  13. 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.
  14. As long as your H1B extension application is received/postmarked by USCIS on Oct 12, you should be ok and on PENDING status ( though I think you cant work till your extension is approved). This means your I-140 will have to be approved atleast day or two before so you can get the H1-B extension application ready and fedex'd. Alternatively ofcourse you can leave the country on or before Oct 12 (staying any longer will accrue unlawful presence) and return after your I140 and H1B extension are approved. You will have to get the new stamp at the Consulate.
  15. Yes, you can be in India and your company can file for H1 extension with USCIS ( I think the documents need your signature -so you might have to send documents back and forth). Stating the obvious -you will to get a new visa stamp to return after May 2016