PERM filing during the 6th year


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Posted

My 6 year completion ends on Sept 2016 and my company told me that GC is started and recruitment process going and PERM is in draft state for attorney review. My current H1B ends in Dec 2015. The company say PERM will be filed only in Nov after all the process completion. So in this scenario i have following questions, Can you please somebody help or share

 

  1. For PERM to get filled, is it required to have 1 year gap at the start of filing of PERM?
  2. How much time it take for PERM to file after the recruitment process?
  3. In case if the PERM going to be filed in NOV , then based on the PERM filing date, should i need to be not in US for those period gab and there by push the end date of 6 year completion or i can still be in US and not in the payroll?
  4. What happens to my H1 B petition end date? Will i get extended initially till Sept if i file for extension and can i file for another extension based on the no of days where i am not in US or part of the US pay roll?
  5. What's the stage after the attorney review completed for PERM? Is it takes 2 months to file PERM after the review completion?
  6. What all option i have? Should i need to go for a vacation now and another vacation after PERM filing? or else i should go for the vacation now itself and push the validity end of 6 year completion to Nov?

 

 

Posted

1. No.

3. Your employer needs to file for H1B extension till your 6 years stay before I94 expiry.

4. You can recapture time spent outside US while filing for an extension.

5. You need to ask your attorney.

6. If your PERM is pending for a decision for more than a year before your 6 years on H1B are exhausted you will be able to get 1 year extension.

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