PERM applied on Dec10 2013... H1 6 yrs exp - nov 7th 2014


shranya

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HI,

 

My husbands perm was applied recently on Dec 10th 2013, and his 6 year H1b expires on november 7th 2014.

i know that in recent times perm approval is taking too long(more than 8 months).

 

My concerns are

1) will he get H1b renewal after nov 2014 (if Perm is still in pending state)

 

2) If not, i am currently on F1 student visa, can he get converted to F2 after nov 2014 for few months untill PERM is approved or PERM is still pending but he gets H1 extension from DEC 2014.

 

Thanks for your time in advance, really appreciate if any one can advise in our case.

Thank you...

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HI,

 

My husbands perm was applied recently on Dec 10th 2013, and his 6 year H1b expires on november 7th 2014.

i know that in recent times perm approval is taking too long(more than 8 months).

 

My concerns are

1) will he get H1b renewal after nov 2014 (if Perm is still in pending state)

 

2) If not, i am currently on F1 student visa, can he get converted to F2 after nov 2014 for few months untill PERM is approved or PERM is still pending but he gets H1 extension from DEC 2014.

 

Thanks for your time in advance, really appreciate if any one can advise in our case.

Thank you...

1. If his PERM is pending for more than 365 days he could H1B extension based on that. That means Dec 11th 2014 employer can file for H1B extension. He needs to have some weeks or a month to recapture on H1B to enable his employer to apply for extension.

2. Yes.

 

Ask him to talk to his employer's attorney.

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Hi Jairi

 

Yes absolutely.

 

Hi Jairi,

 

I am also in something similar situation but just short of 7 days for 365 days PERM Pending, (PD 05/17/2014, H1 ends on 05/10/2014) so its just short of 7 days to apply for 7th year H1 extension.

 

As I don't have a valid Visa, little confused about going out. Is there any chance of applying for H1 since its just 7 days short. Also, which might be the best place to visit for Visa stamping...India/Jamaica/Canada...

 

Thank you.

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Hi Jairi

 

 

Hi Jairi,

 

I am also in something similar situation but just short of 7 days for 365 days PERM Pending, (PD 05/17/2014, H1 ends on 05/10/2014) so its just short of 7 days to apply for 7th year H1 extension.

 

As I don't have a valid Visa, little confused about going out. Is there any chance of applying for H1 since its just 7 days short. Also, which might be the best place to visit for Visa stamping...India/Jamaica/Canada...

 

Thank you.

Do you have any vacation time spent outside US to recapture? If you have then your attorney would help you to recapture those days and file H1B extension based on PERM pending for more than 365 days.

OR

I believe you could go to Mexico, stay for 1 or 2 to 3 weeks and use AVR to re-enter US. In this way you would have these 2-3 weeks to recapture when employer files for H1B extension based on PERM pending for more than 365 days. You might need to apply for a visitor visa to Mexico.

OR

If your spouse is on H1B or L1 or F1 you could move to dependent status a few weeks before H1B end date and recapture the time spent on dependent status to file for H1B extension.

 

I might be wrong with these options. Talk to your employer's attorney. 

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  • 2 weeks later...

Hi Experts I too am in similar situation, My PERM applied in Jan 2014 and H1b expiring in Aug 2014. Not sure 7 months for PERM approval is enough. So I am planning to work from outside US for 5 months and come back by Jul 2014 to US in same H1B. I have below 2 question

 

1> While I come back I will have only 1 month left in H1B, can this be a issue in port of entry?

2> If they allow then Can my attorney recapture this 5 months and get a one year extension?

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Hi Experts I too am in similar situation, My PERM applied in Jan 2014 and H1b expiring in Aug 2014. Not sure 7 months for PERM approval is enough. So I am planning to work from outside US for 5 months and come back by Jul 2014 to US in same H1B. I have below 2 question

 

1> While I come back I will have only 1 month left in H1B, can this be a issue in port of entry?

2> If they allow then Can my attorney recapture this 5 months and get a one year extension?

1. Probably.

2. Only if your PERM is approved or pending for more than 365 days.

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