PERM filing - Wage determination delays - recapture days

[sundip17]

My H1-B expires on 12/2012.

My company/law firm is currently working to file the PERM application before 365 days of the H1-B expiry (12/2011).

However, the Department of Labor has temporarily suspended the processing of Wage determinations which is a prerequisite to filing the PERM.

This delay will result in my application not being filed before 365 days of H1-B expiry. Any suggestions on how to come out of this situation.

Will traveling outside of US and recapture help ?

[mnop]

Same problem with me. I don't plan to travel outside of the US but I been out for 3 months total in the last 6 years.

Will recapture help?

[gcdetails6]

Yes, the no. of days out of US can be recaptured. That will definitely help. Other option is even within 365 days you can apply for PERM. But only condition is in order to get your H1 Extension, you should have labor and I140 approved. Hope this helps.

[mnop]

gcdetails6 - Thanks for the response. I am counting on the possibility of I140 to approve before the end of my visa. However, based on your response on out of country recapture, I may have a little more time in case I need it. Thanks !

[murlitraveler]

Hello!...

Can someone please explain what happens if I140 is not approved before the H1 expiry date?

Also, why is it necessary to file for PERM before one year of H1 expiry date?

Thank you.

[Attorney_20]

If you have a spouse on H1B status with some time left, another option to consider is switching to H-4 once your 6 year limit is up. You can change status back to H1B once you become eligible for the AC21 extension. Of course, you will not be able to work in H-4 status, but you won't have to leave the country either.

In light of the recent delays in PWD processing, you should discuss your case with an experienced immigration attorney to determine how long it would take in your case to be eligible for the 6+ year H1B extension.

[Attorney_20]

Here is an article describing a few strategies for extending beyond the 6 year limit:

http://www.murthy.com/news/n_lc6th.html

[murlitraveler]

Thank you Murthy Law Firm Attorney. Your response was helpful.

[NVR]

1 Year extension: even though if we applied our labor in less than 365 days ( along with recapture time)and 140 not applied.

Q1. if my labor is approved before my 6th year ends can i get the seventh year extension?

Can a murthy lawer answer this question?

I'm asking this because many of my friends got H1b 7th year extension even they applied the labor less than 365 days(along with recapture time) in 6th year and 140 not applied.

I spoke to my lawer and he says i cannot got extension for 7th year H1B (1 year) even though my labor got approved. he says it 140 should be approved.