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My company screwed up. What options do I have?

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  • My company screwed up. What options do I have?

    Hello Friends,
    My current company had filed my PERM about 13 months ago and had mentioned that it had been approved. However, very recently when I spoke with my company lawyer about extending my H1B past the 6th year, I discovered that the PERM had never been filed and there is no way I can file for an extension. It seems that the previous law firm employed by my current company had messed up and confused my application with some other candidate.
    What can I do now since my 6th year ends on Nov 15th. I can recapture about 1 month I stayed abroad. Is there any way I can get a labor approved by Nov 15th or can I file an RIR? Can I apply in EB3 category to get my labor done faster? Can I get admission to any school and change my status to F1 and then apply for the H1B cap next year? What can I do to stay on in USA?

  • #2
    You can try to file the PERM now. Unless both PERM and I-140 gets approved, you cannot file the 7th year extension. There is no premium process for PERM and you need to have a lot of luck to get both PERM and I-140 approved before the end of your 6th year. There is a premium process available for I-140.

    Alternatively you can leave the country now (Having a couple of months left in your H1B 6 year period), ask the employer to file the PERM and I-140, then come back to U.S by recapturing the time spent outside U.S and then file the 7th year extension based on the approved I-140.

    You are not eligible for a fresh H1B until you spend 1 year outside U.S. Changing your status to F1 will not help you in any way to get a fresh H1B after 1 year.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      I have heard that PERM is nowadays being done in 2 months sometimes even weeks. Can my new company request that my PERM be done on an emergency basis? I believe with an approved PERM I can apply for a 1 year extension?

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      • #4
        Try your luck !.. Last year my PERM got approved in less than 2 months but I-140 took around 6 months. For 1-140 Premium Processing is available. So it may be worth taking a chance.

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        • #5
          Like I mentioned, there is no such thing as an emergency request for PERM. The time that will take for approval will in your case purely depend on your luck. There is a premium available for I-140 which will help. Act now and try your luck.

          Originally posted by amarjain77 View Post
          I have heard that PERM is nowadays being done in 2 months sometimes even weeks. Can my new company request that my PERM be done on an emergency basis? I believe with an approved PERM I can apply for a 1 year extension?
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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