Urgent help !!!! Delay in PWD - Perm not filed yet and reaching the end of my 6th year


rp670

Recommended Posts

I am in a grave situation reg my H1 and PERM process

My H1 dates started from 12 Aug 2005 and my original 6 yrs have ended in 12Aug2011. As my old company didn't file for PERM ,I changed to a new company in Feb2011 which is willing to file PERM on my behalf. During the H1 transfer , attorney from the new company captured my days outside of USA and my new H1 is valid until Dec 22,2011.

Company started PERM process in March/April but delay in PWD led to the expiration of original recruitment processing. We received the PWD in the second week of October and attorney informed that we need to start the recruitment process again which will delay in applying the PERM at least until Dec.

Attorney informed my company that it would be beneficial if I go outside of USA before my H1 expires which will give him time to file for PERM and I-140 and he will file for H1 extension to recapture the days I am outside of USA and also for 3-ye extension.

My company after discussing with the lawyer is willing to send me to India on a project for 3 months starting on 2nd week of Nov 2011 to Feb 2012.

I have following questions regarding this situation

1) Does will PERM process stop after my H1 expires on 22 Dec 2011

2) Can I get paid in US while working on a project in India

3) If I change my status to F1or h4 after my H1 expires, can my company apply new H1 immediately or do they need to wait for 1 yr for new h1

Time is running out for me and any information would be helpful in making a decision.

Thank you,

Link to comment

Archived

This topic is now archived and is closed to further replies.