Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Urgent !!! Please advise on my options . Staying beyond 6 yrs.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Urgent !!! Please advise on my options . Staying beyond 6 yrs.

    I am a direct employee of a large reputable American organization. Recently, the attorney of the large law firm representing my company informed me that he has completely screwed me over.

    The labor application for my Green card has not yet been submitted. All the necessary paperwork was completed last year but I ran into a series of problems like wrong job description leading to potential candidates and then wrong classification during the wage determination step. Anyways, after all that, I was informed in April this year that the paperwork has been submitted. I was all set.
    Last week, I was told that the status of my case in the online PERM application is still "unsubmitted" inspite of them submitting it. They were just contacting the Department of Labor to confirm that my case file is truely not submitted. They wasted 6 months. I feel absolutely outraged and helpless.

    Now, I only have 4 months remaining on the max 6 yrs allowed on L1(2 yrs initially)+H1B visa combination in this country. Without any vacation, 6 yrs end in mid Feb 2012. However, when I last visited India, I got my H1 visa and i-94 valid until mid 2013 (I dont know how.. counting error?)

    My company is great and our director has even promised me that he will do anything to get this right. Since all my initial paperwork has expired, they have restarted the labor filing process from scratch.

    So, please give me pros and cons of the following options and if you have a better one, please let me know.

    a) My company's attorney says that the 6 yr law is only checked when you go for an extension (June 2013) and by that time all the paperwork would be done. So, I need not worry and I should just continue working here.

    OR

    b) Since vacation is not counted, I could take a few months leave during christmas this year (was planning on a couple of weeks) so as to legally push out my end-of-six-yrs date. How long should I take based on current labor timelines (i-140 will be done through premium processing)?
    The director has agreed to such a plan too. But a friend of mine says, out of sight for months could lead to out of mind. However, I doubt that my job is at risk. What do you think?
    Also, can I work from home from India for those few months. Is that a good option?

    OR

    c) Any other plan that will work for me.

    Also, planning on getting some legal consultation about this issue. Any recommendations?

  • #2
    Even if the I-94 was issued by mistake for more than 6 years, you cannot work beyond the 6th year if the PERM was not filed 365 days prior to the 6th year end. Your lawyer seem to screw you more by advising wrongly.

    Your best option is to leave the country with at least 3-4 months prioer to the 6th year end. Let the company file the Labor (PERM). These days, the labor gets approved within 3 months. There are cases where it even got approved in a month. Once PERM gets approved, let the company file the I-140 in premium and get the result within 15 days. Then you recapture the 3-4 months that is left in your H1B CAP and re-enter U.S. Let the Company file the 7th year extension based on the approved I-140 and get a 3 year extension.

    Also, do consult a good immigration attorney,
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Good advice. Thanks. I am doing just that.

      Any recommendations on legal counsel? What about work from home for a few months?

      Comment


      • #4
        I hope by "work from home" you mean, work from outside U.S. That is permitted. When you leave the country, you are no longer in any immigration status and you are free to work for anyone.

        Originally posted by justmyluck789 View Post
        What about work from home for a few months?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          How will I be paid? Can they still do direct deposit into my current bank account.
          What about taxes? US state tax and/or Taxation in India?
          Would there be a LCA violation? If you say no, could you point me to some documentation that can be used to infer the same.

          Comment


          • #6
            How will I be paid? Can they still do direct deposit into my current bank account.
            >>> Yes.

            What about taxes? US state tax and/or Taxation in India?
            >>> Get the help of a tax consultany. You will have to pay tax in U.S if the money gets deposited to your U.S bank account.

            Would there be a LCA violation? If you say no, could you point me to some documentation that can be used to infer the same.
            >>> What LCA? You are out of U.S. There is no need for an LCA or H1B. How can DOL approve an LCA for someone who is working in a different country?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              question regd PERM

              Originally posted by shervin143 View Post
              Even if the I-94 was issued by mistake for more than 6 years, you cannot work beyond the 6th year if the PERM was not filed 365 days prior to the 6th year end. Your lawyer seem to screw you more by advising wrongly.

              Your best option is to leave the country with at least 3-4 months prioer to the 6th year end. Let the company file the Labor (PERM). These days, the labor gets approved within 3 months. There are cases where it even got approved in a month. Once PERM gets approved, let the company file the I-140 in premium and get the result within 15 days. Then you recapture the 3-4 months that is left in your H1B CAP and re-enter U.S. Let the Company file the 7th year extension based on the approved I-140 and get a 3 year extension.

              Also, do consult a good immigration attorney,
              I apologise to bud into this discussion. As I have to ask about PERM process which was mentioned above and related to this I am writing here.


              Hi Shervin,


              Are the PERM process still happening in 3 months. I did gather lot of information in this forum earlier and from you especially and tried for various options personally. I also had a possible layoff issue as my long term project got over. In the process of trying for myself getting a project which I managed, the future employer finding my H1 time for only 6 months and getting GC dicey, he made me work on the project thru my company itself. So that way I escaped layoff issue.


              Now I have only 5 months left in US. How are the chances of getting PERM approved and continuing in US through a future employment option from a New employer. Is PERM process still happening in 3 months. Is it the average time or more of an exception.


              Regards,

              Comment


              • #8
                The average time for PERM these days is between 3-6 months. There were period whereit was taking about 11 -12 months. Like I mentioned in my previous reply, there are recent cases where the PERM got approved within a month. So basically it depends on your luck.

                Originally posted by infoqry View Post
                I apologise to bud into this discussion. As I have to ask about PERM process which was mentioned above and related to this I am writing here.


                Hi Shervin,


                Are the PERM process still happening in 3 months. I did gather lot of information in this forum earlier and from you especially and tried for various options personally. I also had a possible layoff issue as my long term project got over. In the process of trying for myself getting a project which I managed, the future employer finding my H1 time for only 6 months and getting GC dicey, he made me work on the project thru my company itself. So that way I escaped layoff issue.


                Now I have only 5 months left in US. How are the chances of getting PERM approved and continuing in US through a future employment option from a New employer. Is PERM process still happening in 3 months. Is it the average time or more of an exception.


                Regards,
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Hi Shervin,


                  Thanks for the reply. Appreciate it. Just wanted to check if GC process / PERM also depends upon region. Like say applying for GC from an employer in California taking more time than applying for GC from an employer in Chicago.


                  Regards,



                  Originally posted by shervin143 View Post
                  The average time for PERM these days is between 3-6 months. There were period whereit was taking about 11 -12 months. Like I mentioned in my previous reply, there are recent cases where the PERM got approved within a month. So basically it depends on your luck.

                  Comment


                  • #10
                    PERM is filed with DOL. I am not sure if the location of the employer has effect in the processing time. Try your question in the forum dedicated to GC in immihelp.

                    Originally posted by infoqry View Post
                    Hi Shervin,


                    Thanks for the reply. Appreciate it. Just wanted to check if GC process / PERM also depends upon region. Like say applying for GC from an employer in California taking more time than applying for GC from an employer in Chicago.


                    Regards,
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment

                    {{modal[0].title}}

                    X

                    {{modal[0].content}}

                    {{promo.content}}

                    Working...
                    X