PERM Filing - 6th year on H1B

[lmjp8]

Hi There,

My 6 years on H1B will be done on 25th Dec 2011 (may be get extended by a month as I was out for a month taking it to 25th Jan 2012).

My company is applying for PERM end this month. Can someone help me to understand how my H1 extention happen?

I guess its takes 3 - 4 months to get the PERM certified. In my case, it will be sometime in Nov 2011 (with 4 months time). Will I be able to apply I140 on premium processing and at the same time can I H1 extention for 3 yrs?

I am worried on what will happen to my current H1 stauts. Can someone please help me here?

Thanks in Advance.

Regards,
Jay

[nileshshah]

Similar case

Hi,

My case is very similar to yours. Mine is expiring around 20th Jan as well. One question - you 1 month vacation time, do you know how it can be reclaimed? Is it easy? Can it be reclaimed separately or it has to be part of extension etc?

Also when you say they are going to file end of this month, does it mean they are done with adv and all and will file actual labor?

Regarding timings, I think it is still possible as it looks like labor might take 2 to 3 months and I-140 can be filled under premium process, which will take 15 days.

Lets see.....

Please keep me posted about your case, and I will do the same.

[Support_Immi]

jay,

you should have applied for the labor much before, as it takes around min 4 months and in case if it goes for an audit then it might take longer. I'm not trying to scare you, but that is that is the truth and once the labor is certified, your company has to appply for i140 in premium processing, in premium processing it takes around 15-30 days to get an approval.

You can go ahead and apply for extension after the i140 is approved.

pl note i'm not an attorney and this is a suggestion. pl contact your attorney for further details.

[lmjp8]

PERM Filing - 6th year on H1B

Its been 11 weeks (completed) since my company filed my PERM, still no update.

Today I sent an email to my Legal team asking for status and not reply yet.

Will keep updating this thread.

Regards,
Jay

[lmjp8]

PERM Filing - 6th year on H1B

Finally, got an email from Legal team saying that my PERM got certified.

"The PERM has been certified by the DOL and will begin preparing the I-140 filing as soon as we receive the original certified form for the DOL"

My PERM was applied on 07/26/2011 and got certified on 10/17/2011. Now that PERM is certified, how long will it take to get I140 through?

As mentioned in the below thread, I am approaching my 6 years (H1B) completion on 24th DEC 2011, how the I140 process will affect my status? Can someone throw some lights?

Thanks in Advance.

Regards,
Jay

[Support_Immi]

Hi,

You can go in for premium processing in such case to get your I140 approved as it takes around 15 days for the processing,unless you get a query on the I140 which might take around 30 days for the decision to be made on the case.

If you go for a regular processing,it might take anywhere between 3-9 months for the approval.

Since you are approaching 6 years H1b limit, it is necessary for you to show the need to stay in US, and you can do it by getting an I140 approval or you should show that it has been 365 days since the labor was applied and it is in the process of getting approved. Your extensions can be filed based on any of the two criterion mentioned above.


Pl note i'm not an attorney, this is just a suggestion. Pl get in touch with your attorney for further clarification.

[lmjp8]

PERM Filing - 6th year on H1B

Hi All,

My I-140 got approved. I-140 got applied on premium processing.

I-140 Receipt Date: 11/22/2011
I-140 Approval Notice Date: 11/25/2011

Now that my I-140 approved, my legal team has started the process of extending my H1B (3 yrs), but my 6yrs of H1B will end on 23rd Dec 2011.

Keeping my fingers crossed that everything should go fine. Will keep you posted on the out come.

Regards,
Jay

[thiru7]

Hello jay:

Did u get ur H1B extension. Today i was told by an attorney, that for people filing labor on th 6th year can't extend their H1B beyond 6th year.......

what happened to your H1B extension,,,,,i want to know the information as i am in the same boat...

Please respond as u read my message.

Thankks,
Thiru

[lmjp8]

PERM Filing - 6th year on H1B

Hi Thiru,

My H1B extension (after 6 yrs) got applied on Dec 14th 2011 on Premium Processing. My legal team told me the following:

"During the pendency of this petition, Jay's status remains valid for a period of 240 days until we receive adjudication from USCIS."

However, I got an email from my legal team on Dec 25th 2011 saying my H1B extension is approved through Dec 2014.

"Happy tidings of the season - Jay's H-1B extension has been approved through December 2014."

So I guess the following:

H1B Exten. received date: 12/14/2011
H1B Approved date: 12/25/2011

I feel much relaxed now on my current status. I may have to worry on the visa part once I go to india, but for now I do not have any idea of going to India .

Wishing you good luck on your case.

Regards,
Jay

[thiru7]

Hi jay:

Thank u for the information.Big relief!!!

Thanks a bunch again!!! and Best of Luck!!

Regards,
Thiru

[lmjp8]

EB2 eligibility (3 yrs Indian degree with more than 5 yrs exp)

Hello There,

I already have my I140 approved on EB3, but I was asking my legal team why they applied on EB3 when I am eligible for EB2 (I have 3 yrs of Indian degree B.Sc Maths and more than 5 years of progressive exp).

My legal team came back and told me the following: Can someone validate the same?

"
For your detailed legal reference, the regulation at 8 CFR §204.5(k)(2) defines the acceptable academic criteria for EB-2: "[An] Advanced degree [which] means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate." Where the beneficiary does not hold a post-graduate degree, the only acceptable equivalency allowed by this regulation is "a United States baccalaureate degree and five years of progressive, post-baccalaureate experience in the specialty, or a foreign equivalent degree followed by five years of progressive post-baccalaureate experience in the specialty."

So the crux of your question is: why is Jay’s Indian degree not a foreign equivalent bachelor’s degree for EB-2 purposes?

That issue was addressed in the pivotal case of Matter of Shah, involving an EB-3 petition filed on behalf of a beneficiary from India, with a 3-year bachelor’s degree. In that case, the court held that "a 3-year course of study ... is not equivalent to a United States baccalaureate degree, usually requiring 4 years of study." Their justification is unclear, but it has since been considered dispositive of the issue. Because Matter of Shah specifically concerned an Indian 3-year degree, the USCIS considers that case to be binding authority that a three-year bachelor’s degree from India is by definition not considered to be "a foreign equivalent degree" to a U.S. bachelor’s degree – and therefore cannot be used as the basis for a Bachelor’s +5 credential for EB-2. This has long been and remains the guiding principle for adjudication of I-140s in EB-2 classification and is the standard applied by immigration law practitioners nationwide.

So if an I-140 is filed in the EB-2 category, and the position described in the labor certification requires a master’s degree or a bachelor’s degree followed by five years of progressive, post-baccalaureate experience in the profession, but the beneficiary possesses a three-year bachelor’s degree from India (even though followed by five years of progressive, post-baccalaureate experience), the I-140 will be denied.

Furthermore, where the approved labor certification requires a bachelor’s degree followed by five or more years of progressive experience in the relevant field, and the intended beneficiary holds a three-year bachelor’s degree from India, then the beneficiary will not qualify for EB-2 regardless of how much supplemental education (such as postgraduate training or vocational diplomas) the beneficiary may possess.
"

Thanks in Advance.

Regards,
Jay

[KVijan92]

PERM LC will be filed in 6th year

Hi,

My 6 years on H1B (including recapture time) ends on March 23rd, 2018. My lawyer filed for Prevailing wage determination on December 6th 2016. He ran the advertisement at the same time hoping that the PWD rate would come in my favor and my salary would be equal or higher than needed. So far no reply on the PWD.

If my PWD request comes lets say 1st week of April 2017 and (salary requirement is met) and then my PERM LC is filed - but I'll still be a few days short of my 6 year period on H1B. I have read a few other possible ways I could take but wanted to get a few suggestions from the experts here since my companys lawyer is not very responsive.

If I go for a trip to India in June'16 for 2 weeks or work travel outside US for 2 weeks etc... can I reclaim that H1B period and hence then say that my PERM LC was filed 365 days prior? Remote work is not possible in my case, but maybe my company sites in different countries I can go..

Thanks,
Kamal

[tushardm]

April 2018 Audit in Sept

PERM application submitted April 2018 ?
Sept 12, 2018 - I emailed the Lawyer as the DOL had started processing the June 2018 applications.
Sept 14, 2018 ? Lawyer submitted inquiry to DOL
Sept 17, 2018 ? DOL submitted an audit request (The job opportunity?s requirements, unless adequately documented as arising from business necessity, must be those normally required for the occupation and must not exceed the Specific Vocational Preparation level assigned to the occupation as shown in the O*NET Job Zones. To establish a business necessity, the employer must demonstrate the job duties and requirements bear a reasonable relationship to the occupation in the context of the employer?s business and are essential to perform the job in a reasonable manner. The job experience required by the employer in Section H.10 of the ETA Form 9089, 96 months, is beyond that normally required for the job opportunity as defined by O*Net. Please provide an explanation and documentation supporting the business necessity for this requirement.)

Q: H1B (6 Years) Expires in March 2019. Should I ask the Lawyer to check for my H1B extension based on the number of days I was not in the country?

Q: Lawyer is asking me to put together a business necessity doc. Is this standard?