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On H1B extension & apply for GC in 6th year

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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 with employer I didn’t submitted documents to my employer for I-140 filing i.e.; form 8089. Employer was filing on EB-3 and I was insisting on EB-2 as i had 10+ years of experience then; for which i disagree.

Period of stay in US:

Arrived US on 16th Apr 2007 and returned to IND on 14th Apr 2012 {on roll & actual flew on 18th Apr 2013 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 Can my employer file I-140 on same PERM?

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


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1. Less than an Year

2. No

3. No, No and No

I would suggest you read up on EB eligibility criteria a little before the next filing for PERM with you as beneficiary. As it may sound unreasonable to you with having 10+ years of experience, but that has nothing to do in deciding the EB category for the job. If you have 10+ years of experience and working a job which falls under EB3 then you are working a job for which you are over qualified, not USCIS's fault but the job still is EB3, you may want to find a job which is qualifies for EB2 and will be better suited for your experience and qualification.

Good Luck.

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