Can PERM be applied after 6 years of H1B is completed and I had to leave the country?

[Joe13]

Hello ,

I am almost at the end of my 6th Year of H1B tenure ( considering all the recapture time altogether ).

Sept 10, 2016 is my Max Out date for 6 year tenure.

My Employer said that they would file the PERM soon. Now I have barely 3 months left in my H1. I have the below queries -

1. IF my Employer files PERM after Sept 10, 2016 and I had to leave the country before that, then would it still be a valid PERM application ?

2. IF I leave US exhausting 6 years and then Employer applies for PERM and I-140 approval is obtained, then what is the process of coming back to US ? OR what are the conditions for extending the stay in US or continuing the Green card process ?

Thanks in advance.

[wce]

Hello ,

I am almost at the end of my 6th Year of H1B tenure ( considering all the recapture time altogether ).

Sept 10, 2016 is my Max Out date for 6 year tenure.

My Employer said that they would file the PERM soon. Now I have barely 3 months left in my H1. I have the below queries -

1. IF my Employer files PERM after Sept 10, 2016 and I had to leave the country before that, then would it still be a valid PERM application ?

2. IF I leave US exhausting 6 years and then Employer applies for PERM and I-140 approval is obtained, then what is the process of coming back to US ? OR what are the conditions for extending the stay in US or continuing the Green card process ?

Thanks in advance.

I believe you or your company has an attorney process the H1B extension during the Perm processing. I am not sure what the I-140 is or when to file it. I communicated with the company attorney for a few years to ensure we were on track. Here is my timeline. Hope this helps you get some ideas during the perm is pending.

H1 expired in Sept 2015 (6 years with recapture days.)

5/19/15 PERM labor certification filed (Priority date)
The attorney suggested that I needed more recapture days to be eligible for 1 year extension while PERM application is pending. So I took vacations to cover the required recapture days.

9/14/15 H1B Extension filed with "premium processing"
9/25/15 H1B Extension approved until 5/2017

11/30/15 Certified PERM Application ETA-9089 from Dept. of Labor.
12/15 - 1/16 Prepared all documents (including Medical exam, birth certificate, etc.)
3/1/16 I765, I-485, and I-131 filed.
3/3/16 Receipt notice from USCIS.
3/5/16 Application Support Center (ASC) Appointment Notice for fingerprint appointment on 3/23/16.
3/11/16 Walk in for fingerprint due to the scheduled trip on the first appointment date.
3/28/16 Employment Authorization and Advance Parole card delivered in mailbox.
6/1/16 I-485 approved (checked online).
6/8/16 The green card delivered in mailbox.

[wce]

I believe you or your company has an attorney process the H1B extension during the Perm processing. I am not sure what the I-140 is or when to file it. I communicated with the company attorney for a few years to ensure we were on track. Here is my timeline. Hope this helps you get some ideas during the perm is pending.

H1 expired in Sept 2015 (6 years with recapture days.)

5/19/15 PERM labor certification filed (Priority date)
The attorney suggested that I needed more recapture days to be eligible for 1 year extension while PERM application is pending. So I took vacations to cover the required recapture days.

9/14/15 H1B Extension filed with "premium processing"
9/25/15 H1B Extension approved until 5/2017

11/30/15 Certified PERM Application ETA-9089 from Dept. of Labor.
12/15 - 1/16 Prepared all documents (including Medical exam, birth certificate, etc.)
3/1/16 I765, I-485, and I-131 filed.
3/3/16 Receipt notice from USCIS.
3/5/16 Application Support Center (ASC) Appointment Notice for fingerprint appointment on 3/23/16.
3/11/16 Walk in for fingerprint due to the scheduled trip on the first appointment date.
3/28/16 Employment Authorization and Advance Parole card delivered in mailbox.
6/1/16 I-485 approved (checked online).
6/8/16 The green card delivered in mailbox.