Perm labor application

[gforgemini]

1. Can an employer file for labor after 6 years of H1B visa or does the employer has to file for labor before the employee completes his/her 6 years of H1B?

 

2. If the employer files for labor after 6 years of H1B, then whether employee will get H1B extension of previous H1B Visa after perm approval? or it will fall under new H1B quota?

 

3. Is there any timeline for employer to file for Perm labor application after 6 year of H1B visa expiration date?

[shandan]

H1B and GC processing are mutually exclusive, so filing of PERM for GC has nothing to do with the 6 years of H1B, it can be filed any time employer finds fit based on their needs.

 

Now as far as extending H1B beyond the stipulated 6 years period, it can happen in either of the two possibilities, you have an approved PERM prior to the 6 years expiration, or your PERM application has been pending for over 365 days prior to the 6 year expiration of H1B.

 

In both the above scenarios H1b can be extended for a duration of 1 yr past the 6 years.

 

If you have an approved I-140 prior to the 6 years expiration then H1b can be extended for 3 yrs past the 6 years.

 

If none of the above happens prior to the 6 years expiration of the H1b, then you would likely need to go back to the home country and be there for atleast 365 days after leaving US, prior to applying for a new cap subjected H1b.

 

Hopefully this helps.

[gforgemini]

Thanks much Shandan. My question is

 

1. Do my employer has to file PERM labor application before the end of my 6 year H1B period in order to extend my H1B once the labor approved with the same H1B visa number?

2. What is the condition for me not to fall under new H1B cap quota again after 6 years of H1B?

[shandan]

Again like I mentioned

 

H1B beyond the stipulated 6 years period, it can happen in either of the two possibilities, you have an approved PERM prior to the 6 years expiration, or your PERM application has been pending for over 365 days prior to the 6 year expiration of H1B.

 

In both the above scenarios H1b can be extended for a duration of 1 yr past the 6 years.

 

If you have an approved I-140 prior to the 6 years expiration then H1b can be extended for 3 yrs past the 6 years.

 

Which would mean YES!! they need to file PERM prior to H1B expiration and to be on the safer side more than 365 days prior to expiration of the 6 year period of H1B.

 

The condition where you do not fall under CAP subjected H1B would be if you get your existing H1b extended beyond the 6 years period and for that to happen, you need either of the above mentioned conditions to be true.