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How to maintain H1B status after 6 yrs if PERM is pending
Hi - I hope this finds you well! My employer just filed for PERM on Aug-2 2013 and 6-years of my H1B visa expire on Oc-22 2013 (including recapturing time outside the US). This is really the drop-dead of 6yrs of my H1B. The company lawyers has earlier assured that they will target maintaining me in H1B status by filing for 3-year extention after getting PERM and I-140 approvals before Oct-22. But now they have advised PERM processing time is up to 4 months and there is no way to extend my H1B beyond Oct-22.
I understand the rules that say H1B can be extended beyond 6 years if PERM was filed 365 days prior to last day of H1B (for 1-yr extention) or I-140 is approved before filing for extention (for 3-yr extention). However, as is apparent, I now qualify for neither.
In best case sceario, my I-140 is likely to come by Jan-2 2014, which is approximately 70 days after my current H1B expires.
Main question I have is :
1). Is there a gray zone where my extention can still be filed if I-140 approval comes shortly after H1B 6 year expiration (i.e. in 2-3 months)? Inspite of the fact that PERM wasn't filed 365 prior to last day of H1B or I-140 wasn't approved before filing for extention.
Other questions I have are:
2). If NO to 1). above, can I be brought back on L1 visa (I do seem eligible based on managerial/skilled worker criteria)?
3). If YES to 2). above, how long do I have to work out of a different office location? 1 year or less?
4). Any other options for me to remain in status or at least RETURN TO THE US WITHIN 3-4 MONTHS? 3-4 months is crucial for me, as my employer will be willing to relocate me temporarily to another country/office and bring me back to the US office. But I can't be away from the US office for 1 year (which I know is the limit to re-apply for H1B).
5). Are there ways for the lawyers to make the process move faster with Department of Labor so that a response on PERM filed on Aug-2 can come within the next few weeks instead of waiting 4 months?
Thanks in advance to all who will reply here!
Regards
TD
Hi - I hope this finds you well! My employer just filed for PERM on Aug-2 2013 and 6-years of my H1B visa expire on Oc-22 2013 (including recapturing time outside the US). This is really the drop-dead of 6yrs of my H1B. The company lawyers has earlier assured that they will target maintaining me in H1B status by filing for 3-year extention after getting PERM and I-140 approvals before Oct-22. But now they have advised PERM processing time is up to 4 months and there is no way to extend my H1B beyond Oct-22.
I understand the rules that say H1B can be extended beyond 6 years if PERM was filed 365 days prior to last day of H1B (for 1-yr extention) or I-140 is approved before filing for extention (for 3-yr extention). However, as is apparent, I now qualify for neither.
In best case sceario, my I-140 is likely to come by Jan-2 2014, which is approximately 70 days after my current H1B expires.
Main question I have is :
1). Is there a gray zone where my extention can still be filed if I-140 approval comes shortly after H1B 6 year expiration (i.e. in 2-3 months)? Inspite of the fact that PERM wasn't filed 365 prior to last day of H1B or I-140 wasn't approved before filing for extention.
Other questions I have are:
2). If NO to 1). above, can I be brought back on L1 visa (I do seem eligible based on managerial/skilled worker criteria)?
3). If YES to 2). above, how long do I have to work out of a different office location? 1 year or less?
4). Any other options for me to remain in status or at least RETURN TO THE US WITHIN 3-4 MONTHS? 3-4 months is crucial for me, as my employer will be willing to relocate me temporarily to another country/office and bring me back to the US office. But I can't be away from the US office for 1 year (which I know is the limit to re-apply for H1B).
5). Are there ways for the lawyers to make the process move faster with Department of Labor so that a response on PERM filed on Aug-2 can come within the next few weeks instead of waiting 4 months?
Thanks in advance to all who will reply here!
Regards
TD
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