Advise Needed

[PleaseHelp2013]

All,

 

Please need your expert advise on my situation below.

 

I came to US with my husband on L1 visa. Both of us were on L1 since 2007. Mid this year, we quit our respective jobs and my husband applied for an H1 through another company. I too found a job and got my H1 approved this October 2013 (Mine was through consular processing and hence had to wait for I94 before I started to work, currently I am not working as thats in process). This is our 6th year in US (on both L1 and H1 combined). My husband's company has applied for his PERM, however his attorney is suggesting we have to go back to India if labor doesn't get cleared by November 2013. GIven the time sensitivity, attorney suggested we leave to India till labor/ I140 gets cleared.

 

Can you please guide us what options we have now?

 

Would greatly appreciate your help.

[jairichi]

All,

 

Please need your expert advise on my situation below.

 

I came to US with my husband on L1 visa. Both of us were on L1 since 2007. Mid this year, we quit our respective jobs and my husband applied for an H1 through another company. I too found a job and got my H1 approved this October 2013 (Mine was through consular processing and hence had to wait for I94 before I started to work, currently I am not working as thats in process). This is our 6th year in US (on both L1 and H1 combined). My husband's company has applied for his PERM, however his attorney is suggesting we have to go back to India if labor doesn't get cleared by November 2013. GIven the time sensitivity, attorney suggested we leave to India till labor/ I140 gets cleared.

 

Can you please guide us what options we have now?

 

Would greatly appreciate your help.

Yes, what your attorney is saying is right. You could request for H1B extension beyond 6 years only if you have a PERM pending for more than 365 days or if I140 is approved.