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

[rohang]

highly unlikely that your PREM will be approved before SEP13. Process is a black box, and if you application stuck in random audit then further delay. And in PREM thr is no premium processing.

But if everything is in you favor, and somehow you get PREM before SEP, then you will be able to apply for H1b extension (1yr).

[Jyothis]

I would advise to talk to your manager and make alternate plans ASAP. Some companies allow you to work remotely or from an office in another country for the time being to support yourself.

You may be able to change your status to a visitor visa (but cant work), but it is still unlikely that you will be able to avoid leaving unless you were extremely lucky. you should speak to your attorney to see what options they can find for you.