H1B based on Pending perm from India

[kamshere]

I'm currently on L1A visa which is expiring on 25th April 2015. 
My PERM is filed last year on 10 May 2015. 
I was on H1B from Feb 2008 to March 2014 and converted to L1A last year. 

As my PERM is not approved and its NOT 365days after filing PERM, so I need to go back to India before my i94/visa expiry date. Right? 

so, if I go back to India and my 365days for Pending Perm is over on 10 May 2015, so Can I be eligible to get the 7th year extension or H1B visa based on Pending perm from India? and my H1B will not be subject to cap? Or do I need to wait in India for atleast 365day to file H1B or any other Visa?

[jairichi]

Yes, based on PERM pending for more than 365 days employer can file a cap exempt H1B petition. On approval you can enter US with a valid H1B visa and I797.

[kamshere]

Yes, based on PERM pending for more than 365 days employer can file a cap exempt H1B petition. On approval you can enter US with a valid H1B visa and I797.

 

Thanks Jairichi, so my current L1A will not have any impact on H1B cap exempt filing?

 

I have used all 6 Years of H1B stay in US one year back in 2014 and then filled PERM. But still I should be eligible to apply for H1B cap exepmt once 365 Days are past PERM application filing?

[jairichi]

Thanks Jairichi, so my current L1A will not have any impact on H1B cap exempt filing?

 

I have used all 6 Years of H1B stay in US one year back in 2014 and then filled PERM. But still I should be eligible to apply for H1B cap exepmt once 365 Days are past PERM application filing?

Yes, your current L1A will have no impact. And, yes once you cross the 365 days limit on PERM pending for a decision employer can file a cap exempt H1B petition.

[kamshere]

Yes, your current L1A will have no impact. And, yes once you cross the 365 days limit on PERM pending for a decision employer can file a cap exempt H1B petition.

Thanks again Jairichi. And this extension will be for 1 year or just for the remaining time on initial H1B of 6 year.

 

Like, I have been here in US on H1B for almost 6 year.. may be few weeks (2 -3weeks) may be remaining from my 6years on H1B. So,

 

1. my H1B will be extended ONLY for those days

OR

2. it can be extended for 1 year (like 7th year extension)?

[jairichi]

Thanks again Jairichi. And this extension will be for 1 year or just for the remaining time on initial H1B of 6 year.

 

Like, I have been here in US on H1B for almost 6 year.. may be few weeks (2 -3weeks) may be remaining from my 6years on H1B. So,

 

1. my H1B will be extended ONLY for those days

OR

2. it can be extended for 1 year (like 7th year extension)?

Hope you know that your L1A stay is also included in your H1B stay of 6 years.

 

Your employer can file a cap exempt H1B petition for one year based on PERM pending for more than 365 days. 

[kamshere]

Hope you know that your L1A stay is also included in your H1B stay of 6 years.

 

Your employer can file a cap exempt H1B petition for one year based on PERM pending for more than 365 days. 

 

Thanks Jairichi. My overall max out date including all recaptures comes till 26 Apr 2015, and i will be leaving somewhere around 20 April 2015, and thats the reason i am concerned about. But seems like my employer can file my cap exempt petition for 1 year based on pending perm around mid-May 2015.

[jairichi]

Thanks Jairichi. My overall max out date including all recaptures comes till 26 Apr 2015, and i will be leaving somewhere around 20 April 2015, and thats the reason i am concerned about. But seems like my employer can file my cap exempt petition for 1 year based on pending perm around mid-May 2015.

That is correct. With a PERM pending for 365 days an extension for a year can be filed. It is better to have a couple of weeks to recapture when filing for an extension based on pending PERM. Also, I would suggest you to keep in mind is for some reason/s anything goes wrong with your PERM and if you exit US before April 1st 2015 you will be eligible for a cap subject H1B petition in April 2016.

[kamshere]

That is correct. With a PERM pending for 365 days an extension for a year can be filed. It is better to have a couple of weeks to recapture when filing for an extension based on pending PERM. Also, I would suggest you to keep in mind is for some reason/s anything goes wrong with your PERM and if you exit US before April 1st 2015 you will be eligible for a cap subject H1B petition in April 2016.

 

Great, Thanks Jairichi for all the info you've provided. I hoping to get the petition filed and approval from India.