H1-B Expires before the Labor Approval

[lsm08]

Hi,

 

My PERM was filed on June 15, 2013.

 

My H1-B expires on November 15th, 2013. I won't be able to get my PERM approval before my H1 expires. So I will not be able to work after Nov 15th. Is there any other option to get an extention or expedite the PERM process.

 

How many days after H1-B expires am I allowed to stay in US? Will that hurt any of my future immigration processes if I do that? 

 

Please let me know.

 

Thank you.

[omshiv]

Unfortunately you'll have to leave US after your H1/I-94 expires and cannot extend your H1 just based on PERM Approval. You'll need I-140 approved too.

 

PERM cannot be expedited. Usually it takes atleast 6 months to get results.

 

But your employer upon your PERM Approval can file for your I-140 in PP and once it gets approved can file for your H1 extension and then you can come back.

[pontevecchio]

PERM Approval by itself does not help you. Can you work remotely after November,2013? Ask your employer. Do you have recapture time?

[Attorney_22]

Unfortunately there is not a grace period for H1B status, unless CBP on your last entry extended the expiration by ten days. Due to the complexity of your situation it is advisable to speak directly to a qualified U.S. immigration attorney to discuss the options available to you.   

[SriSai_raj]

i am in a similar situation. it's clear that employer (A) who file the PERM (that's been since approved) cannot file for H1 extension, without an approved i-140 or an I-140 petition pending for more than 365 days. But can a different employer (B)  file for H1 extension, based on approved PERM from A ? if yes, should B apply for I-140 and get it approved (or when pending over 365 days) before doing so ?