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tecate

H1B expiring in September, PERM filed in January not certified yet

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Hello,

I finished my 6th year of H1B in August 2018. I'm in my 7th year using recapture and my I94 expires on September 3rd. My employer filed the ETA9089 in January and it hasn't been certified yet, six months later. As far as I know, it's not being audited, but I think it will because foreign language is a requirement for my job (unless they consider there's no need to audit since the job position is "Bilingual Teacher").

My employer's attorney has been oblivious to the situation and has been telling me BS. For instance, that I have a 60 day grace period after my I94 expires, which is not true. She's confused with the 60 day grace period if an H1B worker loses his job AND the I94 has NOT expired. She's also telling me that we can fill an H1B extension while waiting for PERM. Which again, is BS, because my PERM was filed only six months ago, and as far as I know, for me to get the extension, the PERM should have been filed before the sixth year on H1B and been processing for a year. I think my employer, being advised by their attorney, expects me to continue to show up to work after my I94 expires.

I've been monitoring the DOL website every day to see if my case has been certified, and nothing. They are already certifying May 31st, and mine was filed in January! So, my question is, what are my options if it's September and my I94 expires? Do I have to leave the US? Thanks!

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