6 years H1B completed-PERM in process

[luck2u]

My 6 years of H1B period will be complete by end of May'2012 but my H1B transfer is in process which I changed employer in Jan'2012. My Labor (PERM) is in process since Nov'2011 and got audit in Mar'2012 which was replied immediately but still in process. So, up to my knowledge if my Labor didn't got approved before end of May'2012, I need to leave the country as I completed 6 years of H1B period. Please correct me if I'm wrong.

But my employer is telling that even PERM is in process, you will get one year of H1B approval. Can you guyz please let me know if this statement from my employer is correct?.

Thanks in advance!!

[pvenigalla]

Have you captured the time spent out of country? I was told by my lawyer that - One is eligible to apply for one yr H1 extension only if the applied PERM is pending over 365 dys. According to the dates you specified, I assume that you have applied for PERM after entering 6th year. Yes you need to leave the country if the labor doesn't get approved..

But your employer can apply for H1 extension when you are out of country once your labor is approved.

[luck2u]

to PV_2011:

Firstly, thanks for your response!!

Yes, after all recaptured time, it's end of May'2012 to complete my 6 years of H1B period and it's true that my PERM is applied in 6th year.

So, you mean to say even after I left United States in end of May'2012, can my employer file I-140 after PERM is approved and then can my employer file H1B on I-140 which I can re-enter on that H1B to United States instead of waiting for an year to get a new/fresh H1B? Please advise.

[kalyan_ac]

to PV_2011:

Firstly, thanks for your response!!

Yes, after all recaptured time, it's end of May'2012 to complete my 6 years of H1B period and it's true that my PERM is applied in 6th year.

So, you mean to say even after I left United States in end of May'2012, can my employer file I-140 after PERM is approved and then can my employer file H1B on I-140 which I can re-enter on that H1B to United States instead of waiting for an year to get a new/fresh H1B? Please advise.

Your understanding is correct.

[pvenigalla]

@luck2u:

Yes. Your employer can file for H1B extension upon I-140 approval. You can re-enter on that H1-b to US without waiting for an year. But you have to get ur H1B stamped before entering US. Hope this helps.

Good Luck!!

[luck2u]

<p> </p>

<div> </div>

<div>I came to know that when PERM is still in pending by end of 6 years we have to leave United States of PERM filing is in 6th year. But once PERM is approved (after leaving to home country from United States) then employers can file I-140 with Consular process itseems which we have to go thru all the background check in our home country and then we'll be informed to attend in Consulate to get a Green Card i.e., the interview in Consulate @ our home country after completing all background check is for Green Card itseems (instead of filing H1B by employer and attending for H1B visa in home country after I-140 approval) so that we can come back to United States.</div>

<div> </div>

<div>Can someone tell me how far this information is correct and how far this can be success? Thanks inadvance!!</div>