Green Card -- Options after 6th Year

[commune]

HI

   I am on my 6th year of my H1B visa. My employer has filed for my Green card on 29th May 2013, currently the PERM is in pending status. My 6th Year, after capturing all the time I was out of US, ends on 14th April 2014. If there are no Audits/RFE on my application, I will have enough time to file for I-140 with premium processing. However, if unfortunately there is an RFE/Audit on my application then according to the current processing time it can take another 7-8 months to get PERM approved.

 

  So, in a hypothetical situation -- Let say in January 2014, If get an RFE on my PERM and my company provides all the requested document. It will take 7-8 months to get a decision on my PERM. In this case, can my employer files for extension for me citing that the PERM decision is pending ? Or do I have to move back to my home country and wait till May 30th 2014 before my employer can file for an extension ?

 

 

[moyeenuddin77]

I am in a similar situation, and would like to see some informed responses.

 

thanks, MS

[csrkk]

Since your PERM filed on 29 May 2013, you are eligible to file one-year H1B extension with a start date of 30 May 2014.

 

If possible, go for 1.5 month leave and be outside US to recapture the time (considering max out date as 14 Apr 2014), through this way you do not leave the country.