Premium processing filing of 1 yr extension based on filed PERM

[lucky007]

Hi Everyone-

 

Here is a background and timeline on my case before I ask my questions:

 

- H1B filed for the very first time in September 2009 (6 yr validity puts it to September 2015)

- Changed 3 jobs, current H1B stamp, I-797 and I-94 have a end date of February 26th 2015

- Per my understanding I can get another extention of about 6 months (beggining Feb 26 till my 6 yrs are completed on h1b)

- I also have time that I spent outside of US (2 months) that can be recaptured, so If my company files for extension hopefully it will be extended till November 2015

- Company will be filing PERM next month as they are almost done with recruiting and advertisments etc.

- I have ben told that the PERM needs to be filed before Sep 2014 (before 6th yr starts) to get a 1 yr extension on my current H1B

- I am getting married in February 2015 and would need an extension (either H1B extension based on the recapture time + the remaining 6 months that I can extend OR 1 yr extension based on once PERM is filed next month) so i can come back to US with an updated I-797 showing the new expiry date.

 

Here are my questions:

 

- Does my company HAVE TO file for 6 months extension + 2 months recapture time to actually officially know when my 5th yr ends and 6th yr starts OR can they just simply file the PERM next month?

 

- Since I do need the extension to be approved before I go for my wedding in Feb 2015, can the 1 yr extension based on PERM fliling be done under premium processing so I can know the result in 2 weeks that I have indeed gotten 1 yr extension? I understand that the PERM filing itself dosen't allow for premium processing but here I am talking of applying for 1 yr extension once PERM is filed.

 

- Considering the scenario above should I get the 8 months extension FIRST, then have my company file perm OR just have them file the PERM and avail the 1 yr extension based on that? Just want to ensure that I get the 1 yr extension approved before I leave for my wedding in end of January 2015

 

Sorry for a detailed description of my case. Appreciate all your help and time with this!

[jairichi]

Filing of PERM does not make you eligible for extensions. Only a PERM or I140 pending for more than 365 days allow your employer to file a year extension.