PERM Approved but am out of country----

[florida2629]

hello all,

My PERM was denied, appealed and now approved after appeal. see my other posts for details.

Meanwhile i left the country as my 6 years on H1 were over.

Can the employer ask for an extension even though i am out of the country and get me back in with the extended H1 newly stamped ?

do i have to wait for 12 months to be completed before i can get back into with a new H1 although i can use my PERM processing and PD as before ?

anybody done this before ?

thanks in advance

[Attorney_17]

Yes. You have 2 options:

1) If at least 1 year has passed since the original filing of the PERM, then your employer can file a 1-year H-1B petition on your behalf for consular notification.

2) If the I-140 petition gets approved and your Priority Date is not current, then your employer can file a 3-year H-1B petition on your behalf for consular notification. Note that your employer can file the I-140 petition with Premium Processing Service.

If you meet one of the above rules, then you do not need to spend 1 year outside the U.S. in order to apply for additional H-1Bs.

[florida2629]

thanks Murthy Attorney.... appreciate the response....

Anybody else that has done 2 ie 3 year H1B on approved i-140 ?

Is it difficult to get stamped ?

Do we still have to demonstrate ties to home country now that the intent to emmigrate is clear and demonstrated in the PERM and i-140 filling ?

thanks

[florida2629]

any body want to share their experiance ?

[florida2629]

anybody want to share experiance ?

[florida2629]

Originally posted by florida2629:

thanks Murthy Attorney.... appreciate the response....

Anybody else that has done 2 ie 3 year H1B on approved i-140 ?

Is it difficult to get stamped ?

Do we still have to demonstrate ties to home country now that the intent to emmigrate is clear and demonstrated in the PERM and i-140 filling ?

thanks

anybody have this experiance ?

[florida2629]

h1b approved, stamped and back in the country for 3 years atleast

good luck to anyone in the same boat

[florida2629]

all done got my GC :)