Apply for Labor after 5 years of h-1 period?


F1struggle

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My Husband's H1- B expired in July 2013 and his company will be filing the Labor petition for the Green Card in 3-4 weeks from now. Is there a possibility that all the required documentation may not reach us by the time he reach July 2013? What are the consequences in such a situation(leave the country, etc)?

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Hello pontevecchio - thanks for your response.

He has already recaptured time. well, I asked this question assuming that, the worst case, the I140 does not get approved or the PERM is not approved either.

I'm wondering if this could happen. We have 10 more months to the visa expriry and the labor will be filed 3-4 weeks from now

Do you know how long PERM EB3 processing is taking currently?

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We have 10 more months to the visa expiry and the labor will be filed 3-4 weeks from now.

This is the important factor in your situation. As has been posted on this forum, it will take 4-6 months from the date that the PERM labor certification application is filed with the Department of Labor (= priority date) for approval if there is no audit. With an audit it is 12-18 months for approval. The current processing times is posted on the DoL iCERT Portal. Upon receipt of PERM labor certification approval, it will be another ~6 months for I-140 petition approval.

One of two scenarios would most likely apply when your H-1B visa expires.

1) The PERM is approved and the I-140 petition is pending -- because the I-140 petition is not approved, you cannot apply for a 3 year H-1B visa extension.

2) The PERM is pending (due to an audit) -- because the PERM is pending for less than a year, you cannot apply for a 1 year H-1B visa extension.

It looks like the course of action would be to leave the U.S. for a year and come back on a new H-1B visa. (I believe that permanent residency (green card) process can continue while out of the country for the year, as it is related to future employment.)

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