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URGENT - 6 year H1B Expiring - Wife Pregnant - Can't Travel

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  • URGENT - 6 year H1B Expiring - Wife Pregnant - Can't Travel

    URGENT QUERY – NEED HELP

    My PERM was filed in Aug, 2016 and approved in Dec, 2016. However, the DOL did not send the original copy of the approval in the mail and as a result the I-140 was filed in April, 2017 without premium processing and is still pending.

    The PERM and I -140 were both filed in the 6th year of H1B and therefore I do not qualify for the 365 day rule where H1B can be extended on basis of PERM/I-140 being pending for more than 365 days.

    My latest H1B Extension application is only till June, 2017 after recapturing all days spent outside USA. Therefore, it appears that I would be out of status in June, 2017. We are expecting a baby in June, 2017 and travelling back to home country would not be an option at this stage.

    Need help with figuring out options to extend stay in USA beyond June, 2017 and a better understanding of the consequences of H1B expiring at this stage.

    Thanks!

  • #2
    Originally posted by vector911 View Post
    URGENT QUERY – NEED HELP

    My PERM was filed in Aug, 2016 and approved in Dec, 2016. However, the DOL did not send the original copy of the approval in the mail and as a result the I-140 was filed in April, 2017 without premium processing and is still pending.

    The PERM and I -140 were both filed in the 6th year of H1B and therefore I do not qualify for the 365 day rule where H1B can be extended on basis of PERM/I-140 being pending for more than 365 days.

    My latest H1B Extension application is only till June, 2017 after recapturing all days spent outside USA. Therefore, it appears that I would be out of status in June, 2017. We are expecting a baby in June, 2017 and travelling back to home country would not be an option at this stage.

    Need help with figuring out options to extend stay in USA beyond June, 2017 and a better understanding of the consequences of H1B expiring at this stage.

    Thanks!
    Why not upgrade I140 to premium?

    Comment


    • #3
      Originally posted by raghvi View Post
      Why not upgrade I140 to premium?
      As Original PERM Approval Notice was never received by Lawyers office, PP is not an option in absence of that document and DOL refused to issue duplicate copy of approval.

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