PERM filed on February 1st 2017 and H1B Expires July 31st 2017


Jayam

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Dear Attorney

I have a Visa issue, I am requesting for some clarifications. Kindly help me to understand the process. 

My H1B visa going to be expire in July 31st 2017 ( 6 year completing)
My PERM was filed on February 1st 2017 - waiting for my approval.

What is the current time period for PERM approval, I see in most of the cases were approved in 3 months.

Questions:
If my PERM got approved in April -2017, can my employer file I140 in premimum,If they file I140 can I stay in US?
If my PERM does not get approved till May , how many days before in general we need to leave  US.
After I exit from US , if PERM is approved, can my employer file I140, can I come back to USA after visa stamping.

Thanks

Jay

 

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You can check the current processing time at https://icert.doleta.gov/index.cfm?event=ehGeneral.dspAutoLogout

This is my understanding on PERM(I might be wrong also):

1. You can file I-140 in premium. You will have to file for another extension if you get I-140 approval before 31st July.

2. May be immediately after 31st July - don't know for sure.

3. You can come back to the US after visa stamping if:

         a. your PERM is pending for 365 days or

         b. your I-140 is approved.

This is what I have learned from my experience but check with some attorney.

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