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7th year extension after PERM filing

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  • 7th year extension after PERM filing

    Hi,

    Unfotunately my H1B is expiring in Sep 2009 after 6 yrs. I still haven't filed my PERM ever yet. I am planning to find a consultant who can do it for me. Let us say that the consultant files my PERM some time in June 2008.

    [1a]. Can I file an extension of H1 for 7 year right after that, say in June or July 2008?
    Or
    [1b]. do I have to wait for some time after June 2008 to file for the extension, say until my PERM is approved?

    [2]. Also if I can file for extension in June or July 2008, will the new expiry date on H1B - Sep 2010 or will it be July 2010? so will it be 1 year from date of filing of extension or 1 year from date of orig h1b expiry?

    [3] If for some reason he is unable to file for I-140 after labor is approved, wil l it affect my H1B status or new expiry date?

    [4] If my labor is filed in June 2008 and H1B extension is filed in July 2008 prior to PERM approval and let us say the labor gets denied for some reason, does it affect my H1B status and the new expiry?

    Can someone please reply regarding this? I'd really appreciate it.

    Thanks

  • #2
    Your 6th yr H1 exp Sep 10, 2009 , say

    Your PERM filing date must be before Sep 9, 2008, to get that date for advt etc min 60 - 90 days.

    Atleast Last week of June 2008 you must get a sponser and start your Perm process, but earlier is better.

    Mind it, it should be minimum 365 after you file your PERM you can extend 7th year, but before expiry of your 6th year term.



    Originally posted by needgcnow
    Hi,

    Unfotunately my H1B is expiring in Sep 2009 after 6 yrs. I still haven't filed my PERM ever yet. I am planning to find a consultant who can do it for me. Let us say that the consultant files my PERM some time in June 2008.

    [1a]. Can I file an extension of H1 for 7 year right after that, say in June or July 2008?
    Or
    [1b]. do I have to wait for some time after June 2008 to file for the extension, say until my PERM is approved?

    [2]. Also if I can file for extension in June or July 2008, will the new expiry date on H1B - Sep 2010 or will it be July 2010? so will it be 1 year from date of filing of extension or 1 year from date of orig h1b expiry?

    [3] If for some reason he is unable to file for I-140 after labor is approved, wil l it affect my H1B status or new expiry date?

    [4] If my labor is filed in June 2008 and H1B extension is filed in July 2008 prior to PERM approval and let us say the labor gets denied for some reason, does it affect my H1B status and the new expiry?

    Can someone please reply regarding this? I'd really appreciate it.

    Thanks

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