PERM labor pending. H1B expiring November.


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Hello, my employer filed perm labor May 5,  2013. It is pending (no update has been received). I think it was sent to Atlanta center. My understanding is that once labor is approved, I will be eligible for one year H1B extension. Please help with following questions.


1. What are the chances decision will be made before November 10, 2013? I understand nobody knows but from past processing times. Where to find which batch is currently being processed?


2. If no decision or audit by deadline, what are my options to stay in USA for a while (expecting baby in January 2013 so don't want traveling stress on my wife)?


3. My wife recently got H1B visa and will start work mid-October. If needed, can I go on H4? She won't have 3-month paychecks until December 2013. Is it mandatory that she works certain number of months before I can go on H4?


4. How does recapture vacation days taken out of USA work? Can that give me few months? I have taken 3 months vacation and gone to India since H1B started.


5. Please suggest any other options / online resource if you know.


Thanks for reading. Any help is appreciated.

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1. Check'>

2. Based on question 4 I believe you can apply for visa extension capturing the 3 months you spent outside of US on H1B. It will give you more time to get your Perm approval and also I-140 filing and H1 Extension for 3 years. BTW my lawyer told me that the last perm approval she got that was filed on Feb 28th. Also you can apply for both H1b extension and I-140 in premium processing

3. you might want to check with a lawyer who is knowledgable and can give you the best advice


Good luck..

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My labor took 5 months for approval. No audit. Your timeline is a bit tight. See this link on extension.


Mere PERM is not good for approval. Your only option is to fast track processing i.e get PERM approval , file I-140 in premium and get it approved - everythingprior to November. Which is dfficult. But dont loose hope.Apply for time capture.


I am in same boat and applying for time recapture right now. My H1 expires end of October and filed I-140 in regular(since I didnt receive original of PERM). I will let you know how that goes in a month or so.




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