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shankar c

GC initiation in 6th year

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Hi All,

Hope you guys can help me with my situation or questions.  Im also checking with attorney but posting here as some of you may have been in same boat earlier.

I have completed 4.5 years on H1B and my employers havent started GC yet. 

1. If my employers starts PERM after i complete 5 yrs say in Jan/Feb 2019 , am i eligible to file H1B extension based on that whether it is approved or not?

2. Some says we cant get H1B extension based on the PERM filed in your 6th year until your I140 gets approved too. is that true?

3. If my PERM and I140 not approved before my 6 years completion, do i need to leave the country  or can i change my status to H4 and stay within US?

4.  If my  employer doesnt do GC  (even PERM) at all and completes 6yrs do I need to stay outside US for 1 yr to be eligible to apply for new H1B in lottery again or can i change to H4 visa and stay within us for 1 year and again apply H1B in lottery?


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1. PERM pending 365 days plus gives you 1 year H1 extensions beyond the initial total of 6. If your PERM gets approved within the year you MAY be eligible for PP of the I-140 filing.

2. By  itself PERM approval gives you nothing.

3. Yes, if you qualify.

4. You need to stay out for one year BEFORE you can have a sponsor apply for a cap subject H1.

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