H1 extension and LC question ?????

[FlyBy]

Hi All,

I have a question, my employer is about to file my LC and my H1 expires in March, since it was issued in Oct 2004 i can get an extension upto Sept 2010.

What if my LC is filed but its not approved and till Sept 2010? can my employer still file a one year extension just because my LC is already filed ? or my LC has to be approved to file an extension ?

Thank you for your help.

-FlyBy

[putoti]

I think you're good if the PERM will be filed before 365 days of your H1B expiry. Your H1B can be extended for another year as long as labor is filed not necessarily approved.

Which brings me to my darn case...
My H1B expires in Jun 19, 2010 (6 yrs) and it already includes recapture of the days I was out of the country but my PERM has not been filed. They(legal dept + lawyers) started the process of gathering docs, posting, analysis, etc in Jul 2008 but til now it has not been filed. So I am under 365 days to get the 1 yr extension of H1B even when they file right now. Am I SOL and will be going home soon or can something still be done so I can stay and work?

[txh1b]

I think you're good if the PERM will be filed before 365 days of your H1B expiry. Your H1B can be extended for another year as long as labor is filed not necessarily approved.

Which brings me to my darn case...
My H1B expires in Jun 19, 2010 (6 yrs) and it already includes recapture of the days I was out of the country but my PERM has not been filed. They(legal dept + lawyers) started the process of gathering docs, posting, analysis, etc in Jul 2008 but til now it has not been filed. So I am under 365 days to get the 1 yr extension of H1B even when they file right now. Am I SOL and will be going home soon or can something still be done so I can stay and work?

One approach is have the company file for labor, take a LOA and leave the country when you have atleast 2 months of H1b period left. Once the labor ages out to 1 year or if the 140 gets approved whichever is earlier, one could recapture the time spent outside/return on whatever periof of H1b is left, file for an extension upon returning based on approved 140 or aged out labor.

[putoti]

Thanks for the reply txh1b. Took me a long time to digest what you said but I think I got it. If I'm not mistaken, I have to stay out of US as long as the time they were delayed in filing the PERM which should have been 1 yr prior to my H1B expiry. Kinda like buying time for the late filing. Still a major issue though because I can't just leave and be on vacay.