H1 Extension with Pending PERM..Pls help

[Hong12]

My PERM has been pending more than one year. My lawyer also said that 1 year H1 Extension has to be filed in US only. I have the 2 months recapture time of my H1 in US. I am not sure if I have to post the ads at the US company at least 30 days. In the case of posting the ads for 30 days, can I start posting the 30 day ads prior to me getting back in US? Otherwise, do I need to wait until I get back in US to start posting the 30-day ads? I worry that I would not have enough time to do the 1 year extension since I only have 2 months recapture time. Anybody please help. Thank you very much.

[txh1b]

Are you talking about ads for the H1b labor? The company HR and lawyer will take care of it. It needs to be advertised after they apply for LCA and no 30 day wait.

1.The employer shall submit a completed Labor Condition Application (LCA) on Form ETA 9035E in the manner prescribed by the regulations. By completing and signing the LCA, the employer agrees to several attestations regarding an employer's responsibilities, including the wages, working conditions, and benefits to be provided to the nonimmigrant.

2.The employer shall make the LCA and necessary supporting documentation available for public examination at the employer's principal place of business in the U.S. or the place of employment within one working day after the date on which the LCA is filed with ETA.

3.The employer may then submit a copy of the approved LCA to U.S. Citizenship and Immigration Services (USCIS) with a completed petition (USCIS Form I-129) requesting H-1B or H-1B1 classification. For the E-3 visa, employers do not need to submit a petition to USCIS. Instead, foreign workers: (1) apply for approval directly with a U.S. consulate; (2) pay a visa fee; and (3) are issued an I-94 entry/exit document at port of entry, to function as their work authorization.

4.The employer shall not allow the nonimmigrant worker to begin work until USCIS grants the worker authorization to work in the U.S. for that employer or, in the case of a nonimmigrant who is already in H-1B status and is changing employment, to another employer until the new employer files a petition supported by a certified LCA.

5.The employer shall maintain documentation to meet its burden of proof with respect to the validity of the statements made in its LCA and the accuracy of information provided, in the event that such statement or information is challenged. The employer shall also maintain such documentation at its principal place of business in the U.S. and shall make such documentation available to DOL for inspection and copying upon request.

[Hong12]

Thanks so much for your quick response. I actually tried to file the 7th year H1 Extension. I completed my 6 year H1 in the mid of May, 08. However, I have 2 months H1 that I could recap, which already got approved. This H1 Recapture will start on January 15, 09. I heard about the 30-day ads for the 7th year extension and worry if I would not have enough time to file the 7th year extension during my 2 month recapture time. I am not sure if this ads will be the same ads per your advice. For my case, please advise if I am required to post the ads at least 30 days at US Company prior to filing the 7th year H1 Extension. Also, do I need any recent pay stubs for the 7th year H1 Extension filing? In the case that I need the pay stubs, what should I do since my last pay stub was in May, 08? I may have the pay stub again upon getting back to US and start working during my 2 months H1 Recapture. Pls help. Thank you very much.