Confused about 7th year extension

[rohit.rohitnar]

Hi:

My PERM was filed in the last week of April, my H1B expires in September 2013. It is unlikely that my PERM and I140 will be approved by September 2013 even with PP. I am aware that I need to leave the country. My company attorney feels that I can be back with an H1B that is not subject to cap. In other words, that I can be back in 6 months to 1 year. However, I took a second opinion with another attorney who feels that since I will be out of status after September, I can only come back after a waiting period of 1 year outside the US, So my question is which of these attorneys is right?  

 

Option A - if my H1B is not subject to cap and I can return as soon as the I140 PP & H1B extension are approved, then I plan to visit Canada and come back to the US as I have a valid Canadian visitor visa.

 

Option B - if I have to stay outside for a year to file my H1B application, then I would rather go to India, my home country, and wait out the process.    

Can experts weigh in clearly on which option / attormey is right because when 2 attorneys give contradicting information, life decisions become very hard. Has anyone gone through this kind of situation with PERM / H1B extension?

 

Thanks is advance 
 

[redgreenbluee]

please consult a lawyer.

 

you need to leave the country after you used all your 6 years time in H1, if you had taken vacations outside the country during your 6 years time, you can re-capture those dates.

 

you are eligible to file H1 extension beyond the 6 year limit if you have one of the following: (1) PERM that is at least 365 days old (approved PERM expires after 180 days of approval for I-140 filing) or (2) approved I-140, you can use PP to expedite the processing time on I-140.

 

in your case, you can apply H1 extension (not subject to cap since it is an extension from your existing H1) if you satisfy the above condition regardless if you are physically present or not, this means that if you left the country in september and your I-140 got approved in november, you can apply H1 extension and return to US after you got H1 extension approved and H1 visa (no need if you have a current active one - not expired). if your PERM got audited, you will likely pass the PERM with at least 365 days old and you can apply H1 extension in 4/2014.

 

on the other hand, if you stay outside the country for at least one year, you are eligible to apply for a new H1 subject to cap and get a fresh 6 years time with your new H1.

 

 

Hi:

My PERM was filed in the last week of April, my H1B expires in September 2013. It is unlikely that my PERM and I140 will be approved by September 2013 even with PP. I am aware that I need to leave the country. My company attorney feels that I can be back with an H1B that is not subject to cap. In other words, that I can be back in 6 months to 1 year. However, I took a second opinion with another attorney who feels that since I will be out of status after September, I can only come back after a waiting period of 1 year outside the US, So my question is which of these attorneys is right?  

 

Option A - if my H1B is not subject to cap and I can return as soon as the I140 PP & H1B extension are approved, then I plan to visit Canada and come back to the US as I have a valid Canadian visitor visa.

 

Option B - if I have to stay outside for a year to file my H1B application, then I would rather go to India, my home country, and wait out the process.    

Can experts weigh in clearly on which option / attormey is right because when 2 attorneys give contradicting information, life decisions become very hard. Has anyone gone through this kind of situation with PERM / H1B extension?

 

Thanks is advance 
 

[rohit.rohitnar]

HI redgreenbluee,

 

Thanks for your reply but your reply is also confusing.

 

I am aware that

 

you are eligible to file H1 extension beyond the 6 year limit if you have one of the following: (1) PERM that is at least 365 days old (approved PERM expires after 180 days of approval for I-140 filing) or (2) approved I-140, you can use PP to expedite the processing time on I-140.

 

 

(1) above is not the case as I have already stated when my PERM was applied - 04/13 , so why bring it up?

(2) unlikely to have an approved i-140 even with PP, I have mentioned that too. 

 

I would appreciate if you replied specific to my case and not generic. As far as consulting lawyers goes, I have done that too and they have 2 opinions as I have mentioned.

 

 

 

 

[pontevecchio]

You will need to leave in September and return on a H1 petition which can be filed if the PERM is pending 365 days plus or you get an approved I-140. You do realize the forum is answered by volunteers. Honey is always preferable to vinegar.

[rohit.rohitnar]

I do. And I appreciate good answers but not when they are generic, irrelevant to the question asked or the obvious is stated. Like consult an attorney when I already have and inspite of spending the money have 2 contradicting opinions. Or bring up the 365 day rule when it has been stated that that has not been met for PERM.

 

Nothing against anyone here who replies but we all do need to realize that these are real lives and real people here who post questions, especially when they are under severe stress. IMHO, I think we need to respond to the question(s) and not just to post generic stuff as a response for the sake of a response.

 

 

Thanks for your response. My question is how soon can I return? One attorney says I can return as soon as the I140 and new H1b is approved, read less than 6 months. Another attorney that I paid money to consult, as a second opinion, says that I cannot return until I wait out for a period of 1 year even if my I140 is approved, read more than 1 year.The I140 is going to be on PP.

  

[pontevecchio]

Humility is still a virtue. You can return as soon as your PERM is pending for 365 days and a H1 petition is filed based on that and approved  or if your I-140 is approved and a H1 petition is filed and approved based on that. These are real lives and real people who respond even when the posters come under stress.

[rohit.rohitnar]

First thanks for your reply, that made sense.

 

> Humility is still a virtue.

I agree, but it cannot be used always and in day to day life, stupity often does not always get greeted with humility.

 

>These are real lives and real people who respond even when the posters come under stress.

But "some" of these are not real responses and "some" of the responders are not under stress and are not qualified to give responses.

 

This is a quality forum that people come to for one reason - quality and reliablilty. And that is the reason I posted here after paying to consult attorneys and that did not help. The expectations, naturally are high. Just because it is "free" or answered by volunteers does not give reason to "some" to give incorrect information or give answers irrelevant to the question, that is just a waste of everyone's time.

 

All I, and I am sure every one else who asks questions, is

 

If you know the answer and you are sure then go ahead and give us the answers, it will help and will certainly be appreciated

If you are unsure or  don't know the answer it is better to not post a response than post one that confuses or gives incorrect information. Because it affects lives.

[indian1983]

Hi Rohit,

               I understand that you are in tense situation. But if you had tried to keep calm head you would have understood the answer from the above members. By the was I am also in same situation but lawyer gave me 1 extra alternative in addition to the following steps.

 

In your case sice you don't have any time to recapture what you need to do is

 

1) Leave country September 2013. In April 2014 if Perm still pending by that time( i mean if it goes to audit)  you will qualify for 1 yr extension based on perm pending 365 days rule even if you are in India. But you need to get stamping and then come to US.

 

2) Another option is if you are really lucky and get perm approved in next 2 -3 months you can apply I140 premium which will take around 15 days then lawyers can apply for extension when you are india and get extensions in 3 yr increments.

This option is really a good one.

 

Above 2 options are cap exempt.

 

Ofcourse the last option is apply for fresh H1 once you complete 6yr H1b and stay 1 yr out of US. You will get fresh H1 valid for 6 yrs.

This comes under cap count

[nthaccker]

Hello all , 

 

I am also in the same boat as Rohit . MY PERM filling date is : 04/14 .

 

I also paid a couple of lawyers to get some outside advise and what they suggested was for me to do a COS to F1B and join one of the CPT schools so i can continue working and stay in the country

 

And as soon as the PERM decision comes -- and by god's grace if it approved / I-140 approved do a COS from F1 to H1 (apply for H1B extension based on the approved I-140) ?

 

Is it possible to do this or will i be complicating my case too much ??? 

 

Please advise 

 

thanks

[pontevecchio]

F1 on demand and CPT will harm your case. You are aware that CPT is involved in an extremely small sub set of College studies where it is an integral part of the curriculum. It would be a miracle for such a course to start as per your time requirements . You should post your own thread with specific details.