H1 B Extension

[dasarimahesh69]

My Six year H1 B Validity is going to complete by November 30th 2011. My Employer has filed for my PERM/Labor on Sep 30th 2011. Once it approved then they want file on premium basis for my I-140. Our intention is to get my 3 year H1 Extension before my H1 B Expires.

In Practical, the above things were doable? Let me know.

[nipukumar]

It is a tight situation. Hope your PERM gets approved by Oct 30, and then very next day, you do I140 premium processing. This may take 15 days to approve (best case) or more. By this time you are almost at the end of your H1B 6th year term. To avert the risk, you can do H1B extension based on recapture time spent outside US during your 6 years period. That will give you some breathing room. In the mean time your I140 would get approved and apply for 3 years extension.

[Attorney_13]

Please consult with a qualified and experienced immigration attorney to discuss possible strategies to remain in the US or to return to the US after the I-140 is approved. Labor Certifications can take a few months, or longer if subjected to an audit. In addition, I-140 petitions may be subject to requests for additional evidence which delay the issuance of an approval.