Help needed with options

[nikl]

Hello experts,

Can you please help me with my situation.

My H1B six year completion date is Feb 2016. PERMhas not been filed yet. Employer says it will be done in Aug 2015.

1 ) Does both PERM and I140 has to be approved before next Feb for me to continue my stay?

2) My currentVISA expires in Oct. When should i apply for renewal of H1b. (Oct 14 - Mar 15). I can probably use 1 month as recapture.

3) What is the expected time for PERM and I140 if there are no queries?

4) If Employer applies only in Aug is there still enough time to get the approvals?

Thanks in advance

Nik

[ashuneel]

1)  both approved or  either of them  pending for 365 days will get you extension

2) upto 6 months before expiry. April or may of this year.

3) Perm 6-9 months and I-140 4-6 months ( Premium processing for I-140 is 15 days)

4) not likely before Feb 2016 if that is what you ask.

[nikl]

1)  both approved or  either of them  pending for 365 days will get you extension

2) upto 6 months before expiry. April or may of this year.

3) Perm 6-9 months and I-140 4-6 months ( Premium processing for I-140 is 15 days)

4) not likely before Feb 2016 if that is what you ask.

Thanks a lot for the prompt reply. So the only go is do premium processing as soon as perm is approved.

[MBATechGrad]

Perm approval in 6-9 months is the best case scenario (no RFE received option). In case of an RFE, PERM approval may take longer than expected (even 12-15 months). You should push employer to file PERM at the earliest

[sangeethavenkat]

My friend has her H1B (6th year) expiring by Sep 2015. Her employer is going for PERM filing in March 2015.

 

That would bring 5 months time for her for the PERM process before H1 expires. If her PERM approval takes time,

 

Any chances for her to get at least an year's extension?

 

She was out of the country for almost a month. will this help her to get an extension of this one month if 1 year extension is not feasible?

 

If extension is not possible, can she go back to India and come once PERM and !-140 is done?

[ashuneel]

Most likey she has to go back to India and come once PERM and !-140 is done

[sangeethavenkat]

Thanks Ashuneel for your response.

 

Any chances for extension(1 year) before PERM/I-140 approval.

 

Or will she be able to file extension to adjust the dates(1 month out of country) and get one more month of stay?

[ashuneel]

Yes she can recapture 1 month and hope that PERM arrives just before 6 yrs are up. Otherwise go back and wait.