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PERM Processing Labor processing through PERM

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  #1 (permalink)  
Old 09-29-2008, 05:47 PM
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Default Perm Filed on Jun 4th 08 but not approved yet

HI,

My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.

I just want to prepare for the worst case. Can any one please help with some information.

What are my options to get a H1B extension.

Thank you,
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  #2 (permalink)  
Old 09-29-2008, 05:59 PM
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Originally Posted by ssksubash View Post
HI,

My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.

I just want to prepare for the worst case. Can any one please help with some information.

What are my options to get a H1B extension.

Thank you,
dont worry..it took my frnd almost 4 months
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  #3 (permalink)  
Old 09-29-2008, 06:05 PM
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EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-...scis-guidance/

Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

Last edited by windycloud; 09-29-2008 at 06:14 PM.
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  #4 (permalink)  
Old 09-29-2008, 09:57 PM
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Default PERM approvals are taking some time

Hi,

Don't fret about the PERM time lines. It can take anywhere from 1 month to more than 6 months (for Fragomen clients) for PERM approvals/denials. Mine was filed in May and I also had to reply to an audit.

In your case because your PERM was applied more than 365 days before your 6th year H1 expires, even if you PERM approval doesn't come until Jun 09, your employer can file for a 1 year extension.

Now, I am not very sure about this scenario in case of a PERM denial. Maybe someone else can comment on that one.

Thanks.
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  #5 (permalink)  
Old 09-30-2008, 04:29 PM
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Thank you all for your suggestions. I was wondering if some one had more info in case the perm gets denied.

Thanks,
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  #6 (permalink)  
Old 09-30-2008, 07:24 PM
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Default Exactly...

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Originally Posted by bondgoli007 View Post
Hi,
Don't fret about the PERM time lines. It can take anywhere from 1 month to more than 6 months (for Fragomen clients) for PERM approvals/denials. .
Mine is rotting in Atlanta since last Nov.. courtesy Fragomen..

Good Luck
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  #7 (permalink)  
Old 09-30-2008, 07:33 PM
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Quote:
Originally Posted by ssksubash View Post
HI,

My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.

I just want to prepare for the worst case. Can any one please help with some information.

What are my options to get a H1B extension.

Thank you,
If your PERM is pending when the time comes for H1 extension, you can apply for a 1 year 7th year H1 extension, based of pending Labor and waiting more then 365 days.

If you PERM is denied. And you have neared the time of expiry of current H1, then its not possible to apply for H1 7th year extension. Because there is no grounds for extension.

Options:
1)Change the status from H1 to F1 or B1, until the time your PERM is approved, then come back to H1.
2) Go to your home country and return after 365, but you would be subjected to quota.
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  #8 (permalink)  
Old 10-01-2008, 12:34 AM
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Question Shortly into 6th year H1B - Unapproved Labor (Curtosey Fragomen)

Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.

Thanks,
Shravan
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