PERM filing and 365+ days requirement

[aguada]

My company has goofed up a little in my GC filing. My 6yrs of H1 will get over on 01-05-2010 (I've counted here H1 end date + days outside USA in past), so they were supposed to file my GC PERM 365 days, before that i.e. they
should have filed my GC PERM by 01-05-2009, but they missed it by few
days and filed it on 01-09-2009.

Obviously, I've to file H1 extension later this year and for that

according to the rule, that I should have filed my GC PERM 365 days
before H1 end will not satisfy...so I'll be in soup....am I correct in
understanding this rule of 365 days? or is there a change in this rule
or some caveat which I don't know that will help me still filing my H1
extension?

Or can I go to India now for couple of weeks and that will solve my
problem?

Please let me know, what are the available options for me

Thanks

[wandmaker]

Originally Posted by aguada

My company has goofed up a little in my GC filing. My 6yrs of H1 will get over on 01-05-2010 (I've counted here H1 end date + days outside USA in past), so they were supposed to file my GC PERM 365 days, before that i.e. they
should have filed my GC PERM by 01-05-2009, but they missed it by few
days and filed it on 01-09-2009.

Obviously, I've to file H1 extension later this year and for that

according to the rule, that I should have filed my GC PERM 365 days
before H1 end will not satisfy...so I'll be in soup....am I correct in
understanding this rule of 365 days? or is there a change in this rule
or some caveat which I don't know that will help me still filing my H1
extension?

Or can I go to India now for couple of weeks and that will solve my
problem?

Please let me know, what are the available options for me

Thanks

You have already accounted time spent outside US to derive end date for 6 year term, which is 01-05-2010. Spending sometime outside US is advisable and safest bet, will allow you to file for H1 extension. If you are lucky, who knows, your perm & 140 may get approved before 01/05/2010.

[aguada]

thanks for a quick reply!

so I can still go out now for 2-3 weeks, after my PERM is already been filed and thus adjust my H1 end date from 01-05-2010 to say 01-30-2010, right?

also, from your other answer, I gather that if my perm and I140 gets approved then I'm qualified for H1 extension, right?

Also, they have provided me a case # for the PERM A-xxxxxxx. Is
there any way to track this online on uscis website? when do I get a LIN #?

[gcseeker2002]

Originally Posted by aguada

My company has goofed up a little in my GC filing. My 6yrs of H1 will get over on 01-05-2010 (I've counted here H1 end date + days outside USA in past), so they were supposed to file my GC PERM 365 days, before that i.e. they
should have filed my GC PERM by 01-05-2009, but they missed it by few
days and filed it on 01-09-2009.

Obviously, I've to file H1 extension later this year and for that

according to the rule, that I should have filed my GC PERM 365 days
before H1 end will not satisfy...so I'll be in soup....am I correct in
understanding this rule of 365 days? or is there a change in this rule
or some caveat which I don't know that will help me still filing my H1
extension?

Or can I go to India now for couple of weeks and that will solve my
problem?

Please let me know, what are the available options for me

Thanks

I dont think if going out of country after filing PERM will count towards the "365 days labor pending" required for h1 extension, you are trying to interpret it as "365 days labor pending when not out of country" , so consulting a good lawyer about this would be better. But then in this current environment there are not many people filing PERM and 140 so you might get your 140 cleared before the 01052010 date and it might just be fine .

[askbz1]

Labor filed: Oct 2007
6 years H1 End Date: Sep 15 2008.

I was falling short by 45 days to meet the 365 days limit. So, my attorney suggested me to stay out of the country for about 50 days (5 days more to be on safe side) to get the 7th year extension based on 365 days rule. So, for the 50 days I was working from our India office. (Its not mandatory for you to work. Just a vacation should be fine if it is less number of days).

So, I was out country in Feb 2008 and Mar 2008. After coming back, In April 2008, filed for a re-capture petition to recapture the days spent outside the country. It was approved in July 2008. Filed for 7th year extension in August 2008 based on Labor pending for 365 days rule and got the approval in Nov 2008. Currently working on 7th year extension.

Hope this helps.

[champu]

Originally Posted by aguada

My company has goofed up a little in my GC filing. My 6yrs of H1 will get over on 01-05-2010 (I've counted here H1 end date + days outside USA in past), so they were supposed to file my GC PERM 365 days, before that i.e. they
should have filed my GC PERM by 01-05-2009, but they missed it by few
days and filed it on 01-09-2009.

Obviously, I've to file H1 extension later this year and for that

according to the rule, that I should have filed my GC PERM 365 days
before H1 end will not satisfy...so I'll be in soup....am I correct in
understanding this rule of 365 days? or is there a change in this rule
or some caveat which I don't know that will help me still filing my H1
extension?

Or can I go to India now for couple of weeks and that will solve my
problem?

Please let me know, what are the available options for me

Thanks

Typically 2 weeks are counted as vacation for H1b/GC purposes, therefore 365 days rule is not affected by this. Stay out of country for 2 months. You may wanna talk to yr attorney for exact rule.

[aguada]

thanks guys...that really helps to know a real situation

So I can go now to India after PERM is filed and recapture those days needed for H1 extension....as I read from the latest post looks like it should be more than 2 weeks(?)

Any info on checking PERM case # A-xxxxxx?

[askbz1]

As far as my attorney explained, you just have to be outside the country to recapture the time. It doesn't matter if it is a vacation or a business trip or if it is 15 days or two months. As long as you are outside the country, it counts. Even the documentation I submitted were all the out and in immigration date stamps on my passport. They do not expect any other documentation. But, preferebly, keep the iternarys and boarding passes with you, in case if they ask.

[aguada]

askbz1 -- if I go on say 15March 2009 - 15 April 2009..is the first(15th March) and last day (15th April)excluded or included?

[askbz1]

Part days in US are not counted, i.e. the day you leave US and the day you enter US are not counted against time outside US.

Thats how I lost one day... I was planning to leave India on Friday and arrive here on Saturday. But did not realize that my flight (QATAR) was at 4 AM on Friday and reaches US at 7:30 PM on Friday itself. So, I lost Friday from my number of days to recapture.

[aguada]

Thanks again to all of you.

[heywhat]

you can capture even 4 days if you are outside USA .. please check this article ..


http://www.murthy.com/news/n_aaoall.html


Also please do not lose hope .. if you get labor approved, you can request premium processing for I140..


Thanks

[aguada]

thanks, that helps too.

How long does premisum processing of I140 takes? do I need to tell my company to file this differently than normal I140?

[aguada]

1 question -- how many valid days on your visa is required to come back to USA?

Say, I've current visa stamp (from old company) till June 30, 2009 and I've new H1 B valid till Nov 30, 2009. If I plan to go to India from May 1, 2009 to May 20, 2009.

Can I still enter USA as there will be 40 days left on my old visa stamped on my passport and new H1B I797 having end date of Nov 30, 2009? or do I've to restamp my passport for new visa?

is there a limit on number of days a visa(stamped on the passport) should be valid to reenter USA?

[wandmaker]

Originally Posted by aguada

1 question -- how many valid days on your visa is required to come back to USA?

Say, I've current visa stamp (from old company) till June 30, 2009 and I've new H1 B valid till Nov 30, 2009. If I plan to go to India from May 1, 2009 to May 20, 2009.

Can I still enter USA as there will be 40 days left on my old visa stamped on my passport and new H1B I797 having end date of Nov 30, 2009? or do I've to restamp my passport for new visa?

is there a limit on number of days a visa(stamped on the passport) should be valid to reenter USA?

It should be valid visa, no x days applies to validity as far as I know.

Yes, you can enter with 40 days of validity and show your new 797 along with valid stamp at POE so that you will get I-94 till Nov 30,2009. If any questions asked, tell the officer that you are going to apply for renewal in a week or so.