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GC - IN and OUT of US

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Kindly Advice,

My PERM was filed in Apr 2010 and it got cleared by Jul 2010, however due to difference in opinion on filing category EB-2 - EB-3. Employer was filing on EB-3 and I was insisting on EB-2 as i had 10+ years of experience then, I didn’t submitted documents to my employer for I-140 filing i.e.; form 8089.

Period of stay in US:

Arrived US on 16th Apr 2007 and returned IND on 14th Apr 2012 {on roll & actual flew on 18th Apr 2012 for tickets},

I have now returned to US on 9th Apr 2013 and on rolls since 10th Apr 2013 {Payroll}.

I have few questions on my case:

1. How much time is remaining on my existing H1B, Has the clock reset for next 6 years (Since i was out of country for 362 days)?

2. If not, Will it reset my cycle of new 6 years if i visit CAN for weeks’ time and travel back to US?

3. Is the old PERM still valid, can I use the existing Labor that was filed in Apr 2010? And employer can file I-140 on that?

Kindly input as i have few months left on my visa.


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An I-140 has to be filed no later than 6 months after PERM approval. If that didn't happen, the PERM is invalid.

And the H1 resets only if you are abroad for a year and then get a NEW H1 under the quota.

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1. Less than an year.

2. No.

3. NO.

You made an error and did not realize the USCIS decides the EB certification based on the requirements of the job and your qualifications.

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Appreciate all your responses, I was insisting on EB-2 Category since the employer was filing EB-2 category for my colleagues with similar qualification and designation.

Please advise on the 3 options i currently see:

1. What If my current employer starts process again; Will that be of any help?

2. What if I decide to switch employer and request new employer(may be a desi) to file PERM, What are the possibility/chances for PERM & I-140 getting through in the time frame left? {audit etc}

3. Is option #2 advisable to try, being that I have loans to pay back in home country?

Kindly respond as if suggestion with option #2 flow in then I have less time to act.


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YOU do not get to dictate filing category. Your employer's attorney is there to advise him.

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forget about EB2/EB3...it takes the same time to process..getting a GC sooner will not make you land on the moon.

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