Pending approval on PERM , L1 + H1 Approved for 6 years and 10 months


Recommended Posts

I have filed my GC on July 8th 2013(PERM Pending and priority date is Jul 8th 2013) and  140 can be applied only after Perm approval from dol.
I was here on L1 - B from Oct 2007 till DEC 6th 2012
My company applied for a change of status to H1B in 2012 , which i got on Dec 6th 2012 and got approval till Dec 2014 .
If I calculate my 6 year term with L1b+ H1, the 6 year period is completing on Feb 2nd 2014(excluding the days stated outside the country on vacation). 
So mean while until i get my Perm approved and I-140  can i continue my stay in USA with Current H1 ( stay period is more than 6 years after feb 2014 )
Details of my entry and exit:
L1- B -  10/28/2007  to 11/18/2008 - 18 days outside
L1-B  -  12/07/2008 to  05/27/2009 - 53 days outside
L1 B  -   07/19/2009  to 03/01/2011 - 27 days outside
L1 B  -   03/27/2011 to 12/05/2012 
H1B(Change of Status as part of 2012 H1B quota)  - 12/06/2012 - till date
So I was outside the country for 97 days.

Green card Perm filing date /priority date - July 8th 2013.

My Perm was filed and priority date is July 8th 2013. If i don't get my I-140 till Jan 2014, can I stay beyond Jan 2014. So that I will have buffer time to get my I-140 approval.

Could anyone help me, Beacuse I am forseeing my Perm approval will take beyond Jan 2014. Incase of luck i might get soon.
But please advice.
Appreciate your help
Thanks in advance
Link to comment

Hello baghya143, your situation is 50% similar to what I went thru.


Please note that your H-1b status expires on Feb 2nd 2013. You are not eligible to work or even stay beyond that even if USCIS has approved petition until Dec 2014. The burden lies with us. I have received an email from my lawyer on the same exact subject.


The exception to this would occur if you are able to file H-1b extension. Usually, employer files H-1b extension for 1 year if your PERM would have been pending 1 yr or more by the time your H-1b expires (In your case, this translates into - PERM should have applied on or before Feb 1st 2013) or H-1b extension for 3 year if you have I-140 approved before H-1b petition is filed.


Hope the best for you.

Link to comment


This topic is now archived and is closed to further replies.