Visa Extension beyond 6 yrs after applying for PERM ??

[santosh_john]

My six year term on my H1 visa ends in April 2011. My employer has just applied for my PERM in Oct'10 and I have the reciept date for the same. Is there any way that I can get a further extension on my H1 or do I have to take the one year break and stay out of US for a year ?

[shervin143]

If you get the Labor approved before your 6th year end, then you can file for the 7th year extension based on the approved labor. If not, then you will have to leave the country and stay out for 1 years before you can apply for a fresh H1B since you haven't filed the labor 365 days before the 6 year limit on H1B.

[txh1b]

A work around for such situation is for you to take a leave of absence for couple of months and leave the country, let the labor age out and recapture the time for H1b and get an extension.

If labor gets approved before the H1b expires, go for PP on i140. if that gets approved before the 6 year limit, you can still get a 3 year extension.

[santosh_john]

Thanks for the response. Hoping to get my labor approved in time to file an extension on my H1. Keeping fingers crossed ....

[txh1b]

Just labor getting approved will not help your case.

[santosh_john]

I was told that that it may take between 1 to 5 months to get my labor, so assuming I get it in March,( being very positive here) can I not immediately file for the H1 extension for the 7th year ; while also simultanously continuing the other steps of GC process alongside? I'll propably just have the reciept notice of H1 and my approved labor as documents. Will those not be sufficient to continue my stay here ? Thanks again

[txh1b]

I was told that that it may take between 1 to 5 months to get my labor, so assuming I get it in March,( being very positive here) can I not immediately file for the H1 extension for the 7th year ; while also simultanously continuing the other steps of GC process alongside? I'll propably just have the reciept notice of H1 and my approved labor as documents. Will those not be sufficient to continue my stay here ? Thanks again

No. You cannot. If that had to be possible, the labor should have been applied at least 365 days prior to your stay expiry. Seriously evaluate the options presented in post #3

Here are the conditions.
Just labor approved - Must have been applied 365 days prior to expiration for 1 year extension.
Labor**40 approved - Anytime before the expiration eligible for a 3 year extension

[santosh_john]

Thanks for the response. So as of now what would be my chances of getting the labor and I140 (even if done thru PP ) approved before April 2011 ? I mean will it be even remotely possible for it to happen or should I be prepared to leave by April ?

[shervin143]

These days, in most cases it takes 11 months to get the labor certification (Assuming there will be no audit). There is no premium process for PERM (Labor). Once labor gets approved, you can go for I-140 in premium. I-140 in premium will get you a decision within 15 days (It takes 2-3 months by normal process).

If they don't get approved on time, then you should consider the option quoted in post # 3.

Thanks for the response. So as of now what would be my chances of getting the labor and I140 (even if done thru PP ) approved before April 2011 ? I mean will it be even remotely possible for it to happen or should I be prepared to leave by April ?