vacation calculation

[sdarla]

I have started working on work permit in US starting 18th Nov 2007.And I will be completing my 5 years on 18th Nov 2012.

I have a vacation period of 60 days out of country in this period.

18th Nov 2007 ---- 18th Nov 2013 ( 6 Years on Work Permit) + 60 days which sums upto 17th Jan 2014.

If this is right then will my 6th Year start from 17th Jan 2013 or 18th Nov 2012?

My PERM application is being applied on 11th January 2013.I just want to make sure if my PERM application has been filed in 5th Year or 6th Year.

[DeepakSanghvi]

I think it will be considered as applied in 6th year. Later if for some reason your labor is pending even after 18th Nov2013 then you could apply for H1B extension and claim your vacation time. Then if it's still pending then you could apply 365 days rule and apply for another 1 year extension for your H1B. Hope you do not have to get into all this and your labor gets approved as is.