Labor Certification Filing-5th or 6th year of H1B

[thiru7]

Hello everyone:

I am in the 5th year of my H1B.I still have 1 year and 6 months to complete my 6 yr H1B term.Still my GC process is not started. Just want to know whether the Labor Certification has to be filed before the end of 5th year or can it be filed during 6th year of H1B.

As i have only 6 months time in my 5th year, i am under pressure to file my Labor Certification.

Any response in this regard is highly appreciated.

Regards,
Thiru

[thiru7]

Dear txh1b or some senior members, please provide the information, when PERM has to be filed;within 5th yr of H1B or can it be filed on the 6th year.

Response appreciated.

Best,
Thiru

[gmny]

You can file in the 6th year. I did and now waiting for the decision.

It is advisable to file in the 5th year. In case the PERM goes for audit and remains there for 365 days u can get H1B extension upto 1 yr and wait. However if you file in the 6th year and the PERM goes for audit then your H1B will expire before the 365 days and you cannot get the 1 yr extension. If you file in the 6th yr like me you have to hope for PERM & I-140 approval so you can get a 3 yr extension.

In any case, it takes about 4-6 months depending on your attorney to perpare for the PERM filing(wage determination, advertisement, recruiting, etc.) soyou should start now.