PERM applied after completion of 6 years of H1B. Can we apply for H1B extension?

[rockie_c83]

My H1B visa expires in Oct 2014 (complete 6 years with all possible time re-captures).
The way my employer and his attorney is working my PERM will be applied by Dec 2014 at the earliest.

My employers attorney says that even if my PERM is applied after H1B has expired still we can apply for H1B extension once we get 1-140 approved or once my PERM is pending for 365 days.
He says that we wont have to apply for a new Capped H1B and we can extend your existing H1B.

Its hard for me to believe it but since the attorney is saying that so I need some advice from the experts on this forum to confirm if this is correct.

Your replies are highly appreciated... !

[raghvi]

My H1B visa expires in Oct 2014 (complete 6 years with all possible time re-captures).
The way my employer and his attorney is working my PERM will be applied by Dec 2014 at the earliest.

My employers attorney says that even if my PERM is applied after H1B has expired still we can apply for H1B extension once we get 1-140 approved or once my PERM is pending for 365 days.
He says that we wont have to apply for a new Capped H1B and we can extend your existing H1B.

Its hard for me to believe it but since the attorney is saying that so I need some advice from the experts on this forum to confirm if this is correct.

Your replies are highly appreciated... !

Which category is it EB1/EB2/EB3?

[rockie_c83]

Which category is it EB1/EB2/EB3?

EB2 or EB3 - they are yet to decide that.
I am asking for EB2 but the attorney says EB2 is more stringent and more scrutinized so lets go for EB3.
He says we will start the PERM in EB3 and then after couple of years we can convert to EB2.

As mentioned my employer is very slow. I have around 10 years of experience with an Engineering degree from India.

[raghvi]

EB2 or EB3 - they are yet to decide that.
I am asking for EB2 but the attorney says EB2 is more stringent and more scrutinized so lets go for EB3.
He says we will start the PERM in EB3 and then after couple of years we can convert to EB2.

As mentioned my employer is very slow. I have around 10 years of experience with an Engineering degree from India.

On What visa are you going to continue working beyond Oct 2014?

For one to be able to extend H1 beyond 6th Year either the PERM should be filed 365 Days before 6th Year completion (in your case PERM should have been applied in Oct 2013) OR I140 to be approved before 6th Year completion (I140 approval to happen before Oct 2014 for you).

It doesn't seem you qualify for either of the option.

https://www.immihelp.com/h1-visa-extension-beyond-6-years-in-usa/

This is my opinion not legal advice.

[rockie_c83]

On What visa are you going to continue working beyond Oct 2014?

For one to be able to extend H1 beyond 6th Year either the PERM should be filed 365 Days before 6th Year completion (in your case PERM should have been applied in Oct 2013) OR I140 to be approved before 6th Year completion (I140 approval to happen before Oct 2014 for you).

It doesn't seem you qualify for either of the option.

https://www.immihelp.com/h1-visa-extension-beyond-6-years-in-usa/

This is my opinion not legal advice.

I am on H1B visa. After Oct 2014 I will have to go back to India and my employer has operations in India so I will work from India after Oct 2014.
My employer says they will bring me back to US as soon as PERM+I140 are approved and it will be non Cap H1B visa.

So my question is if my PERM is applied after Oct 2014 - can my employer get me back to US on a Cap exempt H1B visa after I get PERM + I140 approved?
Or will I have to go through the H1B cap again?

[raghvi]

I am on H1B visa. After Oct 2014 I will have to go back to India and my employer has operations in India so I will work from India after Oct 2014.
My employer says they will bring me back to US as soon as PERM+I140 are approved and it will be non Cap H1B visa.

So my question is if my PERM is applied after Oct 2014 - can my employer get me back to US on a Cap exempt H1B visa after I get PERM + I140 approved?
Or will I have to go through the H1B cap again?

For that to work out there should be some time remaining on the H1. If you exhaust the entire 6 Years you would have to go through fresh Cap. I would advise you keep a few weeks remaining on H1 rather than exhausting the entire 6 Years.

Also, PERM+I140 approval can take 8-12 Months without Audit so you may have to stay out of US till then.

This is my opinion not legal advice.

[rockie_c83]

For that to work out there should be some time remaining on the H1. If you exhaust the entire 6 Years you would have to go through fresh Cap. I would advise you keep a few weeks remaining on H1 rather than exhausting the entire 6 Years.

Also, PERM+I140 approval can take 8-12 Months without Audit so you may have to stay out of US till then.

This is my opinion not legal advice.

I was not aware of this. I will make sure I have a few weeks (3-4) before I exhaust my H1B 6 years.
And yes it is going to take atleast 10 - 12 months for me to be out of US .. unfortunately.

Thanks for your help Raghvi ... !
Highly appreciate it.

[thisisbose]

PERM applied after completion of 6 years of H1B. Can we apply for H1B extension?

Hi rockie_c83,

Did you get your H1B Extension?
If so, is it Cap Exempt?

Thanks.

[g_krish]

Query related to filing PERM from India

For that to work out there should be some time remaining on the H1. If you exhaust the entire 6 Years you would have to go through fresh Cap. I would advise you keep a few weeks remaining on H1 rather than exhausting the entire 6 Years.

Also, PERM+I140 approval can take 8-12 Months without Audit so you may have to stay out of US till then.

This is my opinion not legal advice.

Hi Ragav/Rockie..

I want to check info related to the below question you posted few years back..

http://www.immihelp.com/forum/showthread.php/125303-PERM-applied-after-completion-of-6-years-of-H1B-Can-we-apply-for-H1B-extension

I am in a similar situation, My company kicked off GC and recruitment was completed and PERM filing is on hold... my H1 maxouts in Aug 2016 end.

How did things go at your end..? and what are my options to file PERM from India

Thanks in Advance.

Krish

[chaitac]

My H1B visa expires in Oct 2014 (complete 6 years with all possible time re-captures).
The way my employer and his attorney is working my PERM will be applied by Dec 2014 at the earliest.

My employers attorney says that even if my PERM is applied after H1B has expired still we can apply for H1B extension once we get 1-140 approved or once my PERM is pending for 365 days.
He says that we wont have to apply for a new Capped H1B and we can extend your existing H1B.

Its hard for me to believe it but since the attorney is saying that so I need some advice from the experts on this forum to confirm if this is correct.

Your replies are highly appreciated... !

Rockie

i am also in the same position as you are. My H1b expires on sep 30 and my emplyer stopper filing perm die to layoffs recenlty in our company. I do have unused H1 upto 6 months which I am planning to re capture. Please let me know of any other options you found. Will be of great help.

thanks

Pani challa

[pratapparida]

PERM applied after completion of 6 years of H1B. Can we apply for H1B extension?

My H1B visa expires in Oct 2014 (complete 6 years with all possible time re-captures).
The way my employer and his attorney is working my PERM will be applied by Dec 2014 at the earliest.

My employers attorney says that even if my PERM is applied after H1B has expired still we can apply for H1B extension once we get 1-140 approved or once my PERM is pending for 365 days.
He says that we wont have to apply for a new Capped H1B and we can extend your existing H1B.

Its hard for me to believe it but since the attorney is saying that so I need some advice from the experts on this forum to confirm if this is correct.

Your replies are highly appreciated... !

Hello, I left US 4 months prior to my max out date. I left US on 15 nov-2014 and my visa was expiring\maxing out in 15 mar-2015. So what are the options now to get back. Going via fresh h1b caps is uncertain and takes a year time. Is it possible for my employer to file labour and I-140 while I'm in India. I'm eligible for EB1 since I'm playing a role of global manager and satisfy other criteria.

Appreciate your feedback.

[Veeraks]

My H1B visa expires in Oct 2014 (complete 6 years with all possible time re-captures).
The way my employer and his attorney is working my PERM will be applied by Dec 2014 at the earliest.

My employers attorney says that even if my PERM is applied after H1B has expired still we can apply for H1B extension once we get 1-140 approved or once my PERM is pending for 365 days.
He says that we wont have to apply for a new Capped H1B and we can extend your existing H1B.

Its hard for me to believe it but since the attorney is saying that so I need some advice from the experts on this forum to confirm if this is correct.

Your replies are highly appreciated... !

Do you have any updates on your case because i am also in the same boat and my employer said the same like i can continue from India supporting same client and we get approval from client as well.My employer trying to file in EB2 and currently waiting for prevailing wage approval.i have two more months left over on my H1B to complete the 6th year its including recapturing time?Also they have mentioned maximum 6months to work from india until get PERM LC and I-140 approval.
Is that true?

Thanks,
Veeraks

[baskar2018]

I am also in the same situation

Do you have any updates on your case because i am also in the same boat and my employer said the same like i can continue from India supporting same client and we get approval from client as well. Did you get fresh H1-B with cap or waited for Labor and I40 to be approved to get the extension of the expired H1. Or you tried new L1 visa?

Thanks,
Baskar