What if PERM not approved before H1 Expiry

[kevinmcnair]

Hi ,

My PERM is filed on June 26th 2012. My H1B 6th year expires Jan 13, 2012. I got hardly 5 months for entire process.

1. If PERM and/or I140 is not approved, I understand i need to be out of country. Can I come back if my PERM and I140 gets approved in another 1-2 months. Or do I have to wait for 1 year and start all over with my H1 and new PERM application?

2.Typically how long does it take if EB2 is filed by a new employer

[Attorney_22]

Generally, if an individual has an approved I-140 filed on their behalf they may utilize this for H1B time past the normal six year limitation even if that individual has been abroad since the expiration of their original six years of H1B. Once a PERM application is filed, DOL is adjudicating them in approximately three months if not audited. If you would like to discuss this in more detail it is advisable to speak to a qualified U.S. immigration attorney directly. The Murthy Law Firm has very well-regarded Green Card and H1B Departments with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

[krishsm]

kevinmcnair,

If your PERM is approved before your visa expiry, then you have option to extend one year.