PERM Application, Marriage and Travel

[nchhabria]

Hello,

 

My current H1B expires on Oct, 2nd 2013 and my H1B extension is currently under process, assuming it gets approved, it will be extended till Aug, 7th 2014 (end of 6th year). My PERM will be filed on Aug 20th 2013, currently I am in the wait period after posting Ads. My questions are:

 

1. My PERM just falls out of the 365 days by 13 days and assuming there will be no audits, then tentatively when can i expect it to be approved?

 

2. Will I be able to file for H1B extension beyond 6th yr with an approved labor? or I-140 also needs to be approved before end of 6th year ?

 

3. Tentative processing times for I-140 in normal and PP?

 

3. When can i travel out of US:

       3.a. After my current H1B extension approval?

       3.b. Does PERM approval matter?

       3.c. Does I-140 approval matter?

 

4. If I intend to marry to a person outside US who will need H4 dependent visa, then does the PERM or I-140 applications or approvals impact in any way?

 

Appreciate your help!

[Jyothis]

1. It is really hard to predict, as it really depends on the amount of applications outstanding at that point. However, the trend appears to be between 3-6 months.

2. You need 140 approved as well to extend beyond 6th year. Talk to your company and attorney about premium processing with 140, as that will get you a result within 15 business days.

3. Once you have the approved h1b extension. Gc processing does not affect your travel at this stage. Make sure you get the approval notice in original, and carry it with you while traveling.

4. No it doesn't. You just need h1b approved/valid for getting h4 for your spouse.

One word of advise: since you started late, it may also be better to be prepared for the worst case scenario. Talk to your attorney and company on what can be done if the processing does not go as planned.