6 Year not Complete on H1b, GC in process, Extension?

[Jay D]

Hi,

I am in the 6th year of my H1b. My current visa expires on April 10th 2019.
My MPS (maximum Physical Stay) date is 25th April 2019. My company will not file an extension to capture those 15 
days since they have a policy to only file extension for 6 months or more.

My GC is in progress and PERM will be filed in Feb 2019 which means i would have to go back to India on or by 10th April 2019.

Questions:-

Once my PERM and i-140 is approved while I am in India (lets say by August 2019), because of the fact that i did not complete my 6 years (there 
were 15 days remaining ) can my company apply extension at that time while i am in India (in August) and then come back as soon as 
extension is approved? OR Do i have to wait for lottery, the following year?

OR Are there any other options/suggestions on what could be done?

Appreciate your response!

Thanks!

[02112018]

Why would you like to wait until  Feb 2019  to file PERM, unless you want to go India and have fun time. But yes, after H1 Ext approved, you got to go for stamping to return.

[Ken7]

On ‎10‎/‎5‎/‎2018 at 12:32 PM, Jay D said:

Hi,

I am in the 6th year of my H1b. My current visa expires on April 10th 2019.
My MPS (maximum Physical Stay) date is 25th April 2019. My company will not file an extension to capture those 15 
days since they have a policy to only file extension for 6 months or more.

My GC is in progress and PERM will be filed in Feb 2019 which means i would have to go back to India on or by 10th April 2019.

Questions:-

Once my PERM and i-140 is approved while I am in India (lets say by August 2019), because of the fact that i did not complete my 6 years (there 
were 15 days remaining ) can my company apply extension at that time while i am in India (in August) and then come back as soon as 
extension is approved? OR Do i have to wait for lottery, the following year?

OR Are there any other options/suggestions on what could be done?

Appreciate your response!

Thanks!

Once you have to go back to India on April 10, you will not file for an extension based on recapture time. IMO there are two possible scenarios after April 10:

1) Best case scenario, as you describe, is both the PERM and I-140 get approved by Aug 2019. In that case, your company applies for a 3-year H1-B extension (premium processing) based on an approved I-140 as soon as the I-140 is approved. The petition will obviously filed for consular approval since you will not be in the US, and once approved by USCIS you will have to get it stamped and then return to the US.

2) The PERM gets audited or held up for some reason and takes longer for approval. In that case if the PERM is still pending by Feb 2020 (365 days after application),  the company can apply for a 1-year H1-B extension (with consular processing) based on a pending PERM.( This ofcourse will mean you will have to be in India till Feb 2020 atleast.) Once approved and stamped you can come back to the US. Then, when the PERM clears and I-140 clears, the company can then apply for regular 3-year extensions.

 

 

 

[Ken7]

On ‎10‎/‎9‎/‎2018 at 12:59 PM, 02112018 said:

Why would you like to wait until  Feb 2019  to file PERM, unless you want to go India and have fun time. But yes, after H1 Ext approved, you got to go for stamping to return.

Not sure what the purpose of the comment is. No one out of choice delays filing of the GC. There are several factors and circumstances related to the company that lead to final year of GC filing.

[02112018]

Ken7 : Few employers on purpose delay / do not file until last yr of H1 Ending, thats what i am saying that why to wait until feb 2019 to file PERM / GC

[Ken7]

21 hours ago, 02112018 said:

Ken7 : Few employers on purpose delay / do not file until last yr of H1 Ending, thats what i am saying that why to wait until feb 2019 to file PERM / GC

Not sure how the statement can be made unless you have factual data. Or maybe you are referring to desi consultants. There is no benefit for the company to "purposely" delay the filing till the last year, quite the opposite. Last year filings are generally dictated by circumstances, like recent company layoff's or executive decisions regarding retaining and investing in the employee, etc. In any event, it is not in the employee's control when the PERM is applied, so saying to the OP that why wait till last minute unless he wants to have a fun time, serves no purpose. Moreover, the OP has indicated that the GC is now under process. And there is no way to shorten the 5-6 month period it takes to complete the PERM, so it''s not really "waiting" till Feb 2019, it's probably the earliest the application can be sent at this point.