7th year extension

[bmpUser]

Hi,

I am presently in L1B and i will be completing 5 yrs in US on oct 9 2012... Company A is filing for H1 this April [for oct 2012] and if approved i can stay in US till oct 9 2013.

1) If i switch to company B after Nov 2012 and if company B applies for GC after March 2013 and if i get my PERM approved before oct 2013, can i stay in US beyond oct 9 2013?

[ Heard PERM needs to be applied 365 days prior to last day of 6 yrs which in my case is oct 9 2013. Is that true? for stay beyond 7 yrs]

2) Also heard above 365 day limit only applies for 3 yr extension after 6 yrs in US and if i get my PERM approved, i can get 1 year extensions beyond oct 2013. is that true?

Thank you all for wonderful services

[kalyan_ac]

Hi,

I am presently in L1B and i will be completing 5 yrs in US on oct 9 2012... Company A is filing for H1 this April [for oct 2012] and if approved i can stay in US till oct 9 2013.

1) If i switch to company B after Nov 2012 and if company B applies for GC after March 2013 and if i get my PERM approved before oct 2013, can i stay in US beyond oct 9 2013?

[ Heard PERM needs to be applied 365 days prior to last day of 6 yrs which in my case is oct 9 2013. Is that true? for stay beyond 7 yrs]

This is correct but the PERM process has to start 365 days before your h1 expiry which is Oct 8th 2012.

2) Also heard above 365 day limit only applies for 3 yr extension after 6 yrs in US and if i get my PERM approved, i can get 1 year extensions beyond oct 2013. is that true?

Correct

Thank you all for wonderful services

[bmpUser]

Thank you for your reply.. just thought of clarifying your answers

1 ) i am presently in L1 . my H1 if approved will be expiring in oct 8 2013.. guess you were refering to 365 days prior to my h1 expiry which would be oct 8 2013 [not oct 8 2012]. correct?

2) if i get my PERM process started before 365 days of my h1 expiry and get it approved through company A and if i switch to company B which is willing to do GC, guess fresh GC process will need to be started and PERM needs to be applied from B. what if the date B applying PERM is lesser than 365 days of my H1 expiry? means will the 365 day limit gets reset if i move to employer B?

3) is 365 day limit on H1 expiry for PERM initiation mandatory for 1 yr extensions as well? or applicable only for 3 yr extensions?

[kalyan_ac]

Thank you for your reply.. just thought of clarifying your answers

1 ) i am presently in L1 . my H1 if approved will be expiring in oct 8 2013.. guess you were refering to 365 days prior to my h1 expiry which would be oct 8 2013 [not oct 8 2012]. correct?

I meant PERM should be filed on or before Oct 8th 2012.

2) if i get my PERM process started before 365 days of my h1 expiry and get it approved through company A and if i switch to company B which is willing to do GC, guess fresh GC process will need to be started and PERM needs to be applied from B. what if the date B applying PERM is lesser than 365 days of my H1 expiry? means will the 365 day limit gets reset if i move to employer B?

YES

3) is 365 day limit on H1 expiry for PERM initiation mandatory for 1 yr extensions as well? or applicable only for 3 yr extensions?

Extensions based on PERM approval or pending is only for 1 Year.

You would need 140 approved for 3 yr extensions.

[bmpUser]

Thanks a lot. God bless you