vector911 Posted May 26, 2017 Report Share Posted May 26, 2017 URGENT QUERY – NEED HELP My PERM was filed in Aug, 2016 and approved in Dec, 2016. However, the DOL did not send the original copy of the approval in the mail and as a result the I-140 was filed in April, 2017 without premium processing and is still pending. The PERM and I -140 were both filed in the 6th year of H1B and therefore I do not qualify for the 365 day rule where H1B can be extended on basis of PERM/I-140 being pending for more than 365 days. My latest H1B Extension application is only till June, 2017 after recapturing all days spent outside USA. Therefore, it appears that I would be out of status in June, 2017. We are expecting a baby in June, 2017 and traveling back to home country would not be an option at this stage. Need help with figuring out options to extend stay in USA beyond June, 2017 and a better understanding of the consequences of H1B expiring at this stage. Link to comment
Ask@Murthy Posted June 2, 2017 Report Share Posted June 2, 2017 On 5/26/2017 at 1:07 PM, vector911 said: URGENT QUERY – NEED HELP My PERM was filed in Aug, 2016 and approved in Dec, 2016. However, the DOL did not send the original copy of the approval in the mail and as a result the I-140 was filed in April, 2017 without premium processing and is still pending. The PERM and I -140 were both filed in the 6th year of H1B and therefore I do not qualify for the 365 day rule where H1B can be extended on basis of PERM/I-140 being pending for more than 365 days. My latest H1B Extension application is only till June, 2017 after recapturing all days spent outside USA. Therefore, it appears that I would be out of status in June, 2017. We are expecting a baby in June, 2017 and traveling back to home country would not be an option at this stage. Need help with figuring out options to extend stay in USA beyond June, 2017 and a better understanding of the consequences of H1B expiring at this stage. I guess premium processing is on hold only for H1B stuff like extension, amendment and transfer and not for I140. I140 can be processed in premium as far as I know. So you can upgrade your I140 to premium and get it approved in 2 weeks and apply extension based on that. Link to comment
rohang Posted June 14, 2017 Report Share Posted June 14, 2017 On 5/26/2017 at 1:07 PM, vector911 said: URGENT QUERY – NEED HELP My PERM was filed in Aug, 2016 and approved in Dec, 2016. However, the DOL did not send the original copy of the approval in the mail and as a result the I-140 was filed in April, 2017 without premium processing and is still pending. The PERM and I -140 were both filed in the 6th year of H1B and therefore I do not qualify for the 365 day rule where H1B can be extended on basis of PERM/I-140 being pending for more than 365 days. My latest H1B Extension application is only till June, 2017 after recapturing all days spent outside USA. Therefore, it appears that I would be out of status in June, 2017. We are expecting a baby in June, 2017 and traveling back to home country would not be an option at this stage. Need help with figuring out options to extend stay in USA beyond June, 2017 and a better understanding of the consequences of H1B expiring at this stage. apply for I140 in premium, once approved file for extension. Possibility is, your H1b will be approved as CP, you will have to go out and get stamping done and come back. Link to comment
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