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My employer will apply for PERM this month and my H1B expires (all 6 years) in April so I have about 5 months left. what can I do to avoid going out of status if PERM will still be pending in April? I guess I cannot ask for extension while PERM is pending, can I?
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You should have started GC much earlier, the only way you can stay beyond 6th Year on H1 is if either the PERM has been pending for 365 or more days OR I140 has already been approved. I dont see any of that happening in your case. If you cannot move to a dependent visa or dont want to move to another visa(F1 , for example) then you would have to leave US for 1 Year and apply fresh H1 after completion of the 1 Year period.Originally posted by dingo View Post
This is my opinion not legal advice. -
I can recapture about 2-3 more months to the 5 months left... does labor need even more than that?
also I do not think going back to any visa without immigration intent (ie F1) will ever be approved once the perm was started, right?Comment
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Not impossible but cutting it too close, if perm goes to audit, might be difficult.Originally posted by dingo View Post
Yes, if you cant move to a dependent visa, it can be difficult.
This is my opinion not legal advice.Comment
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is there a perm tracker or something to find out what the average waiting time is?
does anyone know what detail matters most when filing for perm? like, does working for the state/govt matter? because I hear some get it approved in a couple of months and some others in a year or moreComment
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also when should I ask for recapturing before or after filing for perm?Comment
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perm pending
I came across below link.. don't know how often they update this..
http://www.immigration.com/PERM-processing-dates/perm-processing-times-11062013
Not legal adviceComment
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