PERM Application acceptance

[rajun]

 

Hello,

 

Please some one advise me on  my current situation.

 

1)    My prevailing wage determination was approved on 06 Feb 2014.

2)   Job order was created on same day (06 Feb 2014.)

3)   Advertisement was posted in newspaper on  (09 Feb 2014.)

4)    After the job order is placed, we need to wait 61 days before we are able to file the perm application. That mean my  PERM application will be filled on or after  08 April 2014.

5)    Based on above situation PERM application will be filed on 08 April 2014.

6)    H1 6th Year end date: 19 Nov 2014. This included my  vacation  day to India.

 

If my company file my PERM on 08 April 2014, will USCIS accept PERM application because I have less than 365 days left.

 

Thanks.

[pontevecchio]

PERM application and H1 validity have no correlation. People have successfully had PERM done and their I-140 approved without ever having come to the USA before. You really need to discuss this with your employers and see whether you can leave and work offshore till eligible for H1 extensions or you should consider staying away till entitled to H1 extensions.

[t75]

Nowhere in the timeline do I see the company actually considering applicants.  You realize that they must make an honest search and if a qualified candidate is found, PERM cannot go forward. 

[Attorney_15]

There are two ways that someone's H1B status can be extended beyond the general 6 year limit: by showing you are the beneficiary of an approved I-140 with a non current priority date or showing that you are the beneficiary of an LC that was filed 365 days ago and either the LC is still pending / on appeal or filed with a pending I-140.

 

The law does not give anybody any eligibility for extending H1B status beyond the general 6 year limit just because he or she has an approved LC. In these situations, it is important to consult with an attorney and plan accordingly for the future, obtaining legal advice specific to your situation.