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jdb26
04-16-2011, 10:03 PM
Hi,
My H1B expires in September 2012 and my company has agreed to sponsor for my green card. I'm aware of the 365 day rule that I should file for my PERM before September 2011.

However, my lawyer has informed me of a rule (that I haven't heard of yet), that the days that I spent outside the USA in my 6 years of H1B visa, can be considered as a period of extension with the 365 day rule.

In other words, I've spent about 2 months in India (as paid vacation) in the 5 years of my H1B so far. My lawyer says that if I can show proof of being outside the US for those 2 months, then the deadline for filing PERM can be extended by 2 months (to November 2011).

Can someone please confirm if there is such a rule.

Thanks in advance.

bugsbunny
04-16-2011, 10:25 PM
Hi,
My H1B expires in September 2012 and my company has agreed to sponsor for my green card. I'm aware of the 365 day rule that I should file for my PERM before September 2011.

However, my lawyer has informed me of a rule (that I haven't heard of yet), that the days that I spent outside the USA in my 6 years of H1B visa, can be considered as a period of extension with the 365 day rule.

In other words, I've spent about 2 months in India (as paid vacation) in the 5 years of my H1B so far. My lawyer says that if I can show proof of being outside the US for those 2 months, then the deadline for filing PERM can be extended by 2 months (to November 2011).

Can someone please confirm if there is such a rule.

Thanks in advance.

yes thats true...as long as you have proof that you were not in the US...you can use it to extend your H1...however..in your case this is not needed...as you still have enough time.

remember if you truly want those 2 extra months ...u will have file for an H1 extension...its time consuming and expensive...almost similar process to file for new H1

sk.aggarwal
04-16-2011, 10:27 PM
Yes. It is called recapturing time spend outside. BTW, if you dont trust your attorney, it is time to find another one.

FraudGultee
04-17-2011, 10:16 AM
i remember my company lawyer was always used to ask me about stay outside every time during filling ext. isnt that already taken care of in your case?

Leo07
04-17-2011, 11:34 AM
- your attorney is right. you can extend h1b by 2 months(or however number of months) by recapturing the time you spent outside US.
- But as per PERM rule of extending H1-B, you can extend only after your labor is pending for 1 year. It means that you will have to apply H1b that will be valid for 2 months and as when your PERM rule kicks-in apply for H1B again. ( 2 filings of H1B needed, watch for attorney here)
- Do some more research and chart out your possibilities. Like, what if your PERM is filed in December and it gets approved in 4 months? Will you have to leave the country? etc etc.

Hi,
My H1B expires in September 2012 and my company has agreed to sponsor for my green card. I'm aware of the 365 day rule that I should file for my PERM before September 2011.

However, my lawyer has informed me of a rule (that I haven't heard of yet), that the days that I spent outside the USA in my 6 years of H1B visa, can be considered as a period of extension with the 365 day rule.

In other words, I've spent about 2 months in India (as paid vacation) in the 5 years of my H1B so far. My lawyer says that if I can show proof of being outside the US for those 2 months, then the deadline for filing PERM can be extended by 2 months (to November 2011).

Can someone please confirm if there is such a rule.

Thanks in advance.

sk.aggarwal
04-17-2011, 06:11 PM
Leo, I was in a similar situation last year. Attorney told that she can file a single H1 to take care of 7th year extension + recapture time. My I-40 got approved in time, so I didn't need to actually go through it.