Applying for PERM now but H1 expires end of september

[Tust326]

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

[omshiv]

if your perm clears in less than 3 months..then apply I-140 in PP..even if its pending you can still do an H1 extension based on pending I-140.

regardless even if you are abroad your employer can file for your I-140 and then you can come back.

[Tust326]

Thanks a lot.