H1B Expiring in Sep'18 and PERM process just started

[Priyach0909]

Hi !

My H1B is expiring on 09/21/2018 and GC process has just started, did not start before 365 days. For H1B extension after September, is it enough if I get Labor approved or I-140 should also be approved before H1B expiry date ? Keeping current processing times in mind, any chance of Labor/I-140 being approved by September ? During my 6 years of H1B, I have stayed outside the country for 3 months, so after recapturing this time, expiry date would be December'2018. If it is not possible to get Labor/I-140 approved before Dec'2018, what are my other options to remain in status and be able to work ?

[care_candidate]

Just follow following thing at all times.

• ALL documents in order while applying....(MOST IMPORTANT OF ALL)
• Irrespective of I-140 status, apply to H1b extension when you are 6 months away from expiration....in your case you can apply after March 21.
• If possible apply premium to keep you in safer timeline
• You stayed outside, did you get paid? Do you have paystub record for last few months? This is another proof that you are in genuine employment.

Remember that even if you are clean candidate, you need to show ALL documents stating that

[Priyach0909]

Thank you for your response. Yes, I was on PTO so I have paystubs for the period I was outside of the country on vacation. If I don't have I-140 approved, on what basis will they extend my H1B ? For the 3 months that I was outside the country ?

My husband has a I-140 approved, so if I convert to H4 EAD to work after my H1B expiry date, can the PERM process still run in parallel ? Can I move back to H1B from H4 once I-140 is approved ? Does I-140 approval grant H1B extension or extension needs to be filed once I-140 is approved ?

[care_candidate]

Priyach0909,

Date of expiration of H1b is fixed and it does not count if you were out of country. If for some reason your company did not start GC process even when they knew or did not know how long it takes to complete each step of GC, it is company's fault. Very similar thing happened to one of my coworker and as I understand correctly, he had to go back to home country after expiration of H1b. You probably have to do the same. But the company did pay for his trip.

Remember that H1b is through employment so it is employer's responsibility and if they told you they wanted to continue your employment beyond H1b by offering you GC, they are responsible to that too. You are legally in good shape but still have to suffer because of company's mistake.

Once you go to H4, then your GC application-in-process is cancelled automatically. H1b total is only 6 years and it can be extended only when I-140 is approved. H1b extension are need to be applied. It is same application as filing for new H1b or when you apply it after first 3 years. There is is a fee too.

Consult with attorney, you are in unique situation.

[ramuka]

If your Priority date is not 365 days before 6 year H1B , then you can not extend 7th year even if Perm is pending. With current situation perm gets approved in 7 months with no RFE. And you can consider I140 with premium.All this may take 8 months from your priority date. If you think you do not have enough time you can switch to H4 EAD and do  another conversion once Your I140 gets approved. 

But approval of I140 does not give you 3 year extn by default. You have to ask for extn with I140 approval notice. Remember here you got save some H1B days even to ask for extention ...