visa expiring in 3 months but labor is not applied yet.

[fixme]

please help as your earliest.

I am in 6th yr of my H1b, my visa is expiring on mid of Aug 2012 and have 45 days of recapture time. My PERM process is in progress, employer is saying will apply labor in July and then I140 in premium.

What options i have to get my H1 extension without leaving country.

I have below qns.

scenario #1. If my lobar approved after my visa expire date. Can my employer apply for I140 in premium even if i am out of country? And i can come back with h1 extension ?

scenario #2. If my labor approved and I140 is not approved before my visa expire. Can i employer apply for H1 extension after I140 approved and i can come back USA without waiting for 1 yr.

scenario #3. If my labor is not approved before visa expire. Can i come back with L1 immediately or i have be out of this country at least 1 yr ?

thanks in advance.

[Attorney_22]

Technically, since the PERM green card process is for a future position, it can be started when an individual is in their last year of H1B status, or even if they are out of the country. The question in this case is whether or not you will have a basis for extending H1B status prior to their sixth year limitation. Generally, once a Labor Certification is filed the DOL will adjudicate the application in approximately three to four months. After the PERM application is certified the I-140 can be premium processed as long as the employer has the original certified application. Whether not you can extend your H1B status will depend on how long it takes DOL and USCIS to adjudicate their portions of the green card process. Therefore, it is advisable to speak directly with a qualified attorney experienced in such matters to discuss your options. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

[fixme]

Thanks Attorney_22,

can anybody pl respond to my scenario #1 and #2. Is this a valid ones ?

[SameerH1Bworker]

One this for sure is, If your employer files in JULY then there is NO WAY you'll get PERM approval before your visa expires. Why I am so confident, check icert's site for current processing time of PERM. Right now JAN 2012 going on, so, almost 5 months its taking to get approval for PERM.