Applying for PERM now but H1 expires end of september

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Hello All

My employer just completed the AD process and it’s time to file for PERM which, as per my lawyer, takes 4 months. My 6 year H1B visa expires end of September 2013. By the time PERM is cleared and I149 is filed and approved, I would have passed way beyond my H1B visa period. What can I do to avoid leaving the country while my GC application is in process? If the PERM is cleared before my visa expires, can I extend the H1B visa? Any suggestions would be helpful. Thank you.

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  • 2 weeks later...

you need 140 approved to extend your visa. if you get perm approved with at least a month remaining on H1, pay the fee and go for premium 140. you should get a decision in 15 business days, and if your attorney is prepared with your H1 extension by the time 140 comes, you can extend H1b. Technically, All you really need after 140 approval is a receipt of extension filing to resume working. it is a bit tough, to be honest, with the time remaining. May be you can change your status to some other visa temp to stay around. Talk to your attorney about your options.

Work with your employer and attorney and stay a step ahead. best of luck.

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  • 4 weeks later...

Hello Everyone for your suggestions.


rohit.rohitnar and skn239     I was able to capture my vacation time to extend for 4 months which would give me until 01 Feb. My PERM was filed early June and no reply yet. I asked my lawyer about options, and she asked me to wait until end of December and later decide what to do. But if I have to leave the country, I do not know if I would have enough time to sell my stuff and take care of other things. If you guys have any suggestions let me know. Meanwhile if I find out the possibilities, I shall let you guys know.  

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