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H1B max May 2021 & blocked on PERM (NOF Filing)

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Hi everyone,

My H1B maxes out in 05/2021. My employer initiated the GC process, (PWD received in 02/2020) but they are not able to proceed with PERM filing because they say Notice of Filing (NOF) needs to be posted in a physical site for at least 10 days with visibility to non-essential workers. Because the work site is locked down & not open to non-essential employees and USCIS hasn't provided any directives around this, they can't proceed with the NOF step. Has anyone been in similar situations?

1. Does anyone know if it is mandatory that the NOF is posted in a site that's not locked down? This is the reason given by the employer's lawyers for not being able to proceed past the NOF. Seeing similar arguments online (https://www.mondaq.com/unitedstates/general-immigration/951948/tough-luck-for-perm-labor-certification-based-green-card-sponsors-during-the-covid-19-pandemic) but curious if anyone has been able to proceed

2. Does the NOF have to be posted only in the site that my original application for prevailing wage determination would have specified. The company has several sites within a 50 mile radius. Assuming one of these sites open up soon, can my employer post them there even if it is not the one mentioned originally in my application

3. Given the 180 day rule and the fact that delays to PERM filing will make it impossible to get an approved I-140 in time, are there any other alternatives that others have worked out to go through the GC process to fix a situation like this to still enable 7th year extension?

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I don’t think there is a workaround to posting the NOF at the actual worksite.

Depending of when your PERM actually gets filed, you could take a vacation outside the country ( when travel opens up) and extend your 05/2021 max out date by a few months. The intent should be to have 365 days left on your H1b ( or atleast close to it) from the day your perm is actually filed. This will allow you to extend your h1 in 1 year increments ( without having to leave the country at the time or atleast leaving the country for a short duration) if your perm remains pending at the end of that 365 day period, till your perm is approved. Following which I 140 can be filed in premium. 

Worst case scenario is you leave the country 5/2021 and wait till your perm is pending for 365 days and apply for a 1 year extension OR wait till perm and 1140 are approved and apply for a 3year h1 extension. Either extension can be filed by the company while you are outside the country.

Edited by Mav777

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