H1B expiring and PERM still Pending

[ravipola13]

Hi,

 

Please advice on my below situation.

 

My H1B Max out is on 11th April, 2014 and PERM was applied on 22nd July, 2013. Looking at the current situation it is very tough to get my PERM Approved before 11th April, 2014.

 

Given the situation my PERM approves before 11th April, 2014, can I go for H1B Extension ? (Note: I am not under 365 Days Rule).

 

If I go back to India by End of March, can I go for H1B Extension staying in India after my PERM & I-140 gets approved.

 

Not sure how this is going to be but I would be out of status, when I am out of status can my Employer go for H1B Extension while I am staying in India after PERM & I-140 Approves.

 

Appreciate your help

 

[jairichi]

Hi,

 

Please advice on my below situation.

 

My H1B Max out is on 11th April, 2014 and PERM was applied on 22nd July, 2013. Looking at the current situation it is very tough to get my PERM Approved before 11th April, 2014.

 

Given the situation my PERM approves before 11th April, 2014, can I go for H1B Extension ? (Note: I am not under 365 Days Rule).

 

If I go back to India by End of March, can I go for H1B Extension staying in India after my PERM & I-140 gets approved.

 

Not sure how this is going to be but I would be out of status, when I am out of status can my Employer go for H1B Extension while I am staying in India after PERM & I-140 Approves.

 

Appreciate your help

If PERM gets approved or is pending for approval for more than 365 days employer can request for 1 year extension.

Employer can file for H1B extension while you are in India with some days or weeks to recapture based on PERM approval or pending for approval for more than 365 days.

[ravipola13]

Thanks jairichi,

 

So you mean to say once I get my PERM approved and even though I am not unber 365 Rule I can go for 1 year H1B Extension Right.

 

Thanks once again for your valuable advice

[jairichi]

Thanks jairichi,

 

So you mean to say once I get my PERM approved and even though I am not unber 365 Rule I can go for 1 year H1B Extension Right.

 

Thanks once again for your valuable advice

That is correct.

[jairichi]

Thanks jairichi,

 

So you mean to say once I get my PERM approved and even though I am not unber 365 Rule I can go for 1 year H1B Extension Right.

 

Thanks once again for your valuable advice

I apologize for the wrong information. Only if PERM is pending for more than 365 days you can get 1 year extensions.