H1 renewal for 7th year- PERM pending, options to stay


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Im on my 6th year on H1, expiring on 30th sept 2014. My company has just started my green card processing (largely due to delays from the company). I had urged them to file for the green car in Jan of 2013 so as to avoid any delays, but due to complacent attitude from their side, the process was significantly delayed. They have just received approval from DOL for the prevailing wages and have started the paper advertisement (I Hope). 


I have several questions as listed below-

1. what is the minimum time required to place the AD so as show that the company has done their due diligence to recruit an american. Also so that they do not get an RFE on the application?

2. What are the mediums, where the AD must be placed? Is there an mandatory list of places to place the Ad?

3. Since I do not have a lot of time on my H1, and I have heard that the PERM processing is also delayed, what are my options to stay in the country in case my H1 expires while they are reviewing the PERM application? 

- I am single

- I have not left the country since I have received my H1. I will be out of the country in December for 3.5 weeks. I think I should be able to add that time to the end of the current H1 to get additional time.

- will I have to leave as soon as the H1 expires? and will leaving the country invalidate the PERM application? Will My company have to start the green card process all over again?



My parents are citizens here, and they have applied for my green card via the Family sponsorship under F1 category. The application was filed in May 2009. The i-130 is approved and I am waiting for the date to be current to file the adjustment of status. 


Please provide me with any guidance on this issue.



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If your PERM is approved and I-140 is also approved before your H-1b expires, your employer would be able to extend your H-1b beyond current expiry date. That time, they could request to recapture time outside US.

However, PERM is a lengthy process and don't think approval of PERM and I-140 would come before your H-1b expires.

If you are able to file adjustment of status on family petition, you could continue to stay in US after your H-1b expires. When 365 days lapse from PERM submission, you could ask employer to file H-1b extension for a year.

If you have good rapo with your employer, they could continue PERM process irrespective of where you are located.

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Thanks for the response. 


In case of adjustment of status, I was told that I will only be able to do that when Visa is made available, I.e.when the visa bulletin shows processing date of May 2009 or beyond. So that I think will take a long time. Currently they are processing Oct 2006, and it has only been advancing 4 weeks every month if at all. 


please let me know if the following is possible - In my case, if the apporval doesnt come on time, suppose I continue to work for the employer and client from outside the country (say Canada), can they keep the PERM process open? If my employer files for the PERM in Feb 2014, then I will have to be outside the US, till Feb 2015. then the employer can file for an H1 extension even if PERM is not approved. correct?

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