PERM filing on 6th year

[Ramesh_sa]

My 6 years completion happens on Sept 2016 and current petition end date is Dec 2015. Currently i got an update that my Company filing for GC and recruitment process going on and my PERM document is under attorney review and in draft state. The attorney says that PERM process can start only in Nov 2015 after the recruitment completion and for that process to complete, the max end date is Oct 31st 2015. So i have the following question

 

• How much time it take for PERM to file once recruitment completed
• Is it mandatory to have 1 year validity before the 6 years completion at the time of PERM filing?
• If it is mandatory how long should i move out from US based on the current 6 years completion which happening on Sept  2015?
• If it not mandatory at the time of filing , but instead  should have 1 year gap before 6 year completion means from the date when PERM filed means should i need to stay out of US for those many period or  can i stay still in US but without any payroll?

 

[rara5]

I'm not an expert, but based on my own experiences.

• It should happen fairly quickly after the recruitment process ends. I think there is a "cooling off" period of 30 days. So I would assume Nov end/ Dec as the possible timeframe for the application.
• No ofcourse not. The rule is that is in case of a pending PERM or pending I-140 at the time your 6 year H1 is over, the only way to extend your H1 is if your PERM was filed 365 days prior to the 6-year H1 end date. Now, given the long PERM processing times and the likelihood of an audit ( which will extend the processing time much further)- it is advisable to file the PERM atleast 365 days prior.  
• It isn't mandatory so you don't have to leave. The way I would plan it - depending on when your PERM application is actually filed, say Dec 2015, which means 9 months before your Sep '16 expiry - meaning could leave the country for 3 months (one or multiple trips - totaling 3 months) prior to Sep'16 and recapture that time to extend your H1B to Dec'16 and meet the 365 day rule.
• Again, it isn't mandatory and your PERM ( if not audited) and I-140 (if filed in premium) is likely to be approved  within 9 months, but meeting the 365 day rule gives you the security that in case for whatever reason your application gets delayed, that you can extend your H1.
• If you are on H1 and in the country- you have to be on payroll, else you violate status.

[richieharsha]

Hi,  I have a similar situation wherein my PERM was filed with short of the 365 day rule. in fact it was done on 03/13/2015 where my 6 year end date is on 02/05/2016.  

 

I have  a couple of questions

 

I do have an ETA number A-15XXX-XXX36  whenever i check the DOL tracking area i see that similar cases before me and after me have been processed.  I checked with my employer with not much response on the subject.

1) How do I know that my petition was actually filed?

2) If my petition is not approved on time what options do I have?

[rara5]

Hi-

 

Your situation looks relatively simple. Since you are only about  a month short of 365 days, all you have to do is go out of the country for a month (one or multiple trips), anytime prior to 02/05/2016. Then before 02/05/2016 file for a H1B extension recapturing time spent outside of the country ( you should have previous accrued time as well?).

 

If you have a ETA number, I'm assuming your PERM was filed unless your employer for some reason is taking efforts to fabricate a hoax. If you are seeing cases approved before and after,  then most likely yours was picked up in an audit. I'm assuming by now you would have gotten the info from DOL.  Only the Lawyer/employer can check the status online.

 

As mentioned, if the PERM is indeed audited then you need to recapture time on your H1B so that it is valid 365 days after your PERM filing - Then you can keep doing 1 year extensions till your PERM is approved.