PERM Questions

[Arjuns]

My situation: H1B expires on Dec 5(Max out). My attorney is getting ready to apply for H1B based on the H1B recapture period of 48 days that I have(which is not much). I have the following questions:

 

 

 Can I apply for H1B extension or H1B recapture(for 48 days, I was out of the country) if there is no certified LCA copy (which needs to be bought from DOL, which is currently under shutdown).

 

- Can I work after Dec (date on passport stamping at the Port of entry) if the H1B is under process? 

 

- If my H1B under regular processing doesn't get approved and the 46 days recapture period has elapsed, and the labor and I-140 don't get approved in the meantime, will I be out of status after the 46 day period?

 

- My employer is very confident that once the H1B is applied under regular processing, we can just wait on it until we get a RFE and hope that my labor and I140 get approved before we can respond to the RFE. How safe is this and what are the repercussions?

 

- What happens if my H1B extension gets denied? How does DOL handle this issue?

 

- I am also applying for a visitor visa for Austrailia in case I have to go out of the country and re-enter once my Labor and I140 get approved and go for stamping in Sydney US consulate(yet to hear back from my attorney on how viable is this option. Any idea?)

 

Please advise regarding my situation.

[t75]

Sit with the attorney working on your case for a discussions of your options.