Green Card processing from outside U.S.

[SachinKhot]

My H1b will be maxed out on 18th April 2019. My employer is currently in process of filing PERM. The attorney has already started collecting the required documents but looks like they won't be able to file labor certification before my max out date. In this case, I am not sure how the further processing will happen. Kindly respond to some of my questions as follows:

1. Do I need to leave USA keeping at least two months on my current petition so that I can use them for extension in future?

2. Will there be any problems if the PERM is processed when I am outside US? I am planning to work for the same client when I am outside US.

3. If my PERM is processed successfully when I am outside US, should I wait until my I140 is approved or I can travel back to US with a one year extension based on my PERM approval?

Thanks

Sachin

[pontevecchio]

1. Ask the Lawyer what he prefers in your case. It used to be necessary to keep a few days available in H1 status and I suspect not needed anymore.

2. NO

3. PERM approved gives no H1 extensions. PERM or I-140 pending 365 days give one year extensions. I-140 approval gives you 3 year extensions.

[care_candidate]

23 hours ago, SachinKhot said:

My H1b will be maxed out on 18th April 2019. My employer is currently in process of filing PERM. The attorney has already started collecting the required documents but looks like they won't be able to file labor certification before my max out date. In this case, I am not sure how the further processing will happen. Kindly respond to some of my questions as follows:

1. Do I need to leave USA keeping at least two months on my current petition so that I can use them for extension in future?

2. Will there be any problems if the PERM is processed when I am outside US? I am planning to work for the same client when I am outside US.

3. If my PERM is processed successfully when I am outside US, should I wait until my I140 is approved or I can travel back to US with a one year extension based on my PERM approval?

Thanks

Sachin

I know at least two cases when candidates in situation similar to to your had to leave country and came back after I-140 approval. Company was at fault for not processing soon enough and paid for my friend's trip. To him, there were very risky and frightening few months as he was not even sure how it will be handled while he is out of country and feared that company may ditch him.

You must contact attorney and make sure everyone is on same page about how it will go through if you have to leave.

[SachinKhot]

On 1/1/2019 at 1:55 PM, pontevecchio said:

1. Ask the Lawyer what he prefers in your case. It used to be necessary to keep a few days available in H1 status and I suspect not needed anymore.

2. NO

3. PERM approved gives no H1 extensions. PERM or I-140 pending 365 days give one year extensions. I-140 approval gives you 3 year extensions.

Thank you so much PONTEVECCHIO.

[SachinKhot]

On 1/2/2019 at 9:12 AM, care_candidate said:

I know at least two cases when candidates in situation similar to to your had to leave country and came back after I-140 approval. Company was at fault for not processing soon enough and paid for my friend's trip. To him, there were very risky and frightening few months as he was not even sure how it will be handled while he is out of country and feared that company may ditch him.

You must contact attorney and make sure everyone is on same page about how it will go through if you have to leave.

Thanks CARE_CANDIDATE.