PERM Filing - Entered 6th Year of H1B

[sree82]

Folks,

My H1B will expire on Oct 1, 2012. I have entered into my 6th year of H1B on Oct 1, 2011. My company has agreed to start GC processing. Firstly, is it possible to apply for PERM when one has less than one year validity on their H1b petition. Secondly, what are the chances of getting PERM approved in such cases.

Any information is highly appreciated.

Thanks,
Sid

[Support_Immi]

Hi,

You can ask your employer to file a GC for you asap, so that you have sufficient time to get a labor approval and get your I140 applied in premium processing.

There are a lot of companies who do not apply for gc and it should not be a problem for getting an approval, as long as it is filed properly by the attorney.


Pl note i'm not an attorney, this is just a suggestion. Pl contact your attorney for further clarification.

[sree82]

Hi,

You can ask your employer to file a GC for you asap, so that you have sufficient time to get a labor approval and get your I140 applied in premium processing.

There are a lot of companies who do not apply for gc and it should not be a problem for getting an approval, as long as it is filed properly by the attorney.


Pl note i'm not an attorney, this is just a suggestion. Pl contact your attorney for further clarification.

Thank you. I am sorry, but I couldn't fully understand your reply. Do you meant to say there are lot of companies that do start GC in 6th year and got an approval without any problems?

[Support_Immi]

Sorry for any misunderstanding. Lot of companies do apply for gc's in the 6th year and get the labor and i140 approved, so that they can apply for extension of visa.

But it depends on the attorney and if they file it properly, then the labor should not take more than 4 months to be approved.

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

[thiru7]

Hi Sree82:

Did u get the answeer for your question from some one. I also need to know whether the PERM can be applied in the 6th or it has to be done before the end of 5th year.

please someone make it very clear when it has to be applied.


Best,
Thiru