lucky007 Posted June 29, 2014 Report Share Posted June 29, 2014 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! Link to comment
jairichi Posted June 30, 2014 Report Share Posted June 30, 2014 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. Link to comment
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