Need Advice on PERM FILING

[jvirk]

According to my lawyer and company, I will utilize the maximum period of authorized stay in the United States in H-1B/L-1 status by 12/25/2010. To be eligible for an H-1B extension beyond the maximum period of authorized stay (12/25/2010), my application (PERM) with the U.S. Department of Labor must be pending for 365 days.

Thus, if my application with the U.S. Department of Labor is filed in April 2010 (hypothetically speaking), I will not be eligible for an H-1B extension until April 2011 (i.e. when the application has been pending for 365 days). Thus, from 12/25/2010 to April 2011, Iam not authorized to stay in the United States.

However, if the PERM application is approved before December(highly unlikely) and file the Form I-140 premium processing and it is approved as well, then can file my H-1B extension asking for 3 years.

Please someone advise, should I ask the company to file my PERM?

[milda]

extension...

Here, my friend, if you are going to file in APR-2010 then you will be in less than 365 days criteria. But here is one catch, if you were out of US for atleast 4months during these 6yrs, then you can feel safe and can file for another 3yrs extension.
Second posibility is, if you are filing in APR 2010, then if possible, and if your employer agrees, or has some branch in India, then after filing, spend the exact time whatever you are missing for 365 days - in out of US.
Third possibility is, if your Perm and I-140 both gets approved before Dec-2010, then you can get extension on 1 - 1 yr basis.

[This is not legal advice, I am sharing my knowledge based on information I have. Better to communicate with your attorney.]

According to my lawyer and company, I will utilize the maximum period of authorized stay in the United States in H-1B/L-1 status by 12/25/2010. To be eligible for an H-1B extension beyond the maximum period of authorized stay (12/25/2010), my application (PERM) with the U.S. Department of Labor must be pending for 365 days.

Thus, if my application with the U.S. Department of Labor is filed in April 2010 (hypothetically speaking), I will not be eligible for an H-1B extension until April 2011 (i.e. when the application has been pending for 365 days). Thus, from 12/25/2010 to April 2011, Iam not authorized to stay in the United States.

However, if the PERM application is approved before December(highly unlikely) and file the Form I-140 premium processing and it is approved as well, then can file my H-1B extension asking for 3 years.

Please someone advise, should I ask the company to file my PERM?