H1B 7th year Extension with PERM applied for less than 365 days ago

[sn4824]

Hi,

I was working with company A till Feb 2012. They had filed for my GC in EB3 and I had my I-140 approved through them. I switched jobs and joined company B in March 2012. They somehow missed applying for a 3-year H1B and got just one year instead. Company B applied for my GC in EB2 but PERM has been applied for in July - 2012. My H1B is in the 6th year and is valid till May 2013. I want to know if there is any way that I will be eligible for a 7th year H1B extension? I may have a recapture period of 7 weeks or so owing to the vacation time that I have spent outside of the US.

P.S: I got an audit on PERM that has been responded to in Sep - 2012.

[kalyan_ac]

You can file for an extension if the PERM has been pending for more than 365 days.

Will the recapture time make the PERM pending for more than 365 days?

[sn4824]

Hi immigrationseeker,

The recapture period will fall a few weeks short of the 365 day period from PERM application. Is there still a chance of extension?

[catx]

No. The 365 day period that a PERM labor certification applicaiton is pending is an exact calculation based on the date the application was submitted (= priority date). There is no flexiblity, of even 1 day.

[kalyan_ac]

Well, no. You will have to either move to H4(if you have that option) or leave and file for h1 extension after the 365 day period or approval of PERM and return after the approval of H1b.

[sn4824]

Well, no. You will have to either move to H4(if you have that option) or leave and file for h1 extension after the 365 day period or approval of PERM and return after the approval of H1b.

No. The 365 day period that a PERM labor certification applicaiton is pending is an exact calculation based on the date the application was submitted (= priority date). There is no flexiblity, of even 1 day.

Thanks for your responses. I was following up on my case and looks like that I may be getting PERM approval by March 2013 (estimate based on current processing dates). This will leave me with 1.5 months on H-1B. Can I then get an extension if I-140 is in progress? Shall I go for premium processing for I-140 and get my H-1 extension based on 140 approval?

[kalyan_ac]

You cannot get an extension for an I140 that is in progress but yes you can file for a premium processing though not sure about the timelines and your time periods.

[rangadu]

<p style="margin-left: 40px">I-140 premium process usually takes less than a week or two at the most. Assuming you get your PERM in March, you should have plenty of time to apply for both 140 and then a H1 extension before your 6 year deadline.</p>

<p style="margin-left: 40px"> </p>

<p style="margin-left: 40px">Did you talk to your attorney to see if you can use your previously 140 for the current extension? That may be possible, but I am not totally sure.</p>

<p style="margin-left: 40px"> </p>

<p style="margin-left: 40px">If PERM processing gets delayed for any reason, you can apply for an extension for the recapture time allowing additional time to get your approvals. That is expensive, but an option.</p>

[sn4824]

You cannot get an extension for an I140 that is in progress but yes you can file for a premium processing though not sure about the timelines and your time periods.

<p style="margin-left: 40px">I-140 premium process usually takes less than a week or two at the most. Assuming you get your PERM in March, you should have plenty of time to apply for both 140 and then a H1 extension before your 6 year deadline.</p>

<p style="margin-left: 40px"> </p>

<p style="margin-left: 40px">Did you talk to your attorney to see if you can use your previously 140 for the current extension? That may be possible, but I am not totally sure.</p>

<p style="margin-left: 40px"> </p>

<p style="margin-left: 40px">If PERM processing gets delayed for any reason, you can apply for an extension for the recapture time allowing additional time to get your approvals. That is expensive, but an option.</p>

Currently I am just waiting for the PERM since I do not have many options. Once that gets approved (hopefully by Feb-March 2013), I will apply for premium processing for I-140 just to make sure I get a decision quick. Will update the post.

Regarding my older 140, I only have the receipt number and not the actual approval. As I said earlier, I do not have a way to get the approval notice or a copy of it. I will be talking to the attorney to check if porting the priority date using the old receipt number is a possibility.

Thanks for your replies!

[rangadu]

Look through Green Card processing threads in this forum, there is a way to get your I140 approval copy from USCIS by filing a request (FOIA I guess), you will find the info in those threads.