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K-Ananymous

H1B Maxout by Feb 28, 2021 - PERM Labor not filed yet

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I am working with US firm on full time payroll. my current H1 petition valid till 06 Nov 2020. and my employer said they are filing H1 extention, and is expected to get upto 28 Februry, 2021. Feb 2021 is my 6-year maxout time altogether.

my employer and attorney were grabbed my prevailing wage document and the next step is they need to post physical job posting in USCIS office? to continue filing for next step Labor document / PERM approval. due to covid, USCIS offices are closed now ( probably my case goes to vermont). they are waiting for offices to open and then they will post the job ad.

1) I assume i have 0% chances for PERM approval and i-140 approval (premium) by Feb, 28th , 2021. is my understanding correct?
2) are we getting any excemptions, or is there a chance I will get any excemptions due to Covid. so that I can stay in US after my maxout time ( waiting for next extention / approvals)
3) Actually we are expecting baby in ( due date ) February 2nd week / 3rd week. ? this gives me I have tight situation where I can not travel around my maxout time.? what are the options I have to avoid this? any possible options will help.

Thank you all in advance.

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2) I wouldn’t plan on getting any covid extensions. You will have to leave by the maxout date.

1) Perm will take 5-6 months at least without an audit ( check icert website for processing times). With an audit likely upto 12 months. I-140 if filed in premium can be processed in 15 days, regular filing will take months as well.

3) To extend your maxout date beyond feb 2021 i suggest asking to employer to hold back on filing the h1 b extension. You can travel outside the country for a few weeks/month between now and Nov 6. After you come back the employer can file the extension and add the time you spent outside. This will extend your maxout date beyond Feb 2021.

 

 

Edited by Mav777

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