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My PERM is in process and I am currently working out of Canada. I plan on visiting relatives in the US using a B1/B2 visa. Assuming I get the B1/B2 visa and I successfully enter the US, does the time I spend in the US affect my PERM process (and the subsequent I140)? For example, if I enter the US and stay here for 2 months, does USCIS care that I spent that amount of time in the US? At what step in the green card application process could this be an issue?
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No issue at any time of processing.Immihelp Support
No legal advice. Use at your own risk.
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Hey, thanks!
I just wanted to make sure that when we applied for I140 (and later, I130), they wouldn't make a big stink about me being in the US for months at a time. There is no check in the GC approval process where they check for this, right?Comment
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I dont see why this should be an issue. Many stay for years in US on H1/L1 while PERM is still processing.
Were you on H1/L1 status earlier? If yes you have to be careful about long stay in US on B1/B2 as that will prevent you from resetting your 1 Year outside US stay clock for fresh H1/L1, if at all you are planning that.
Alos, getting a B1/B2 while ones PERM is pending has its own challenges.
This is my opinion not legal advice.Comment
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raghvi,
Thanks for your response. What is the clock you are referring to? I was under H1B before I moved out to Canada. The plan right now is to wait for the PERM to be processed and then file for an I140 and then extend my H1B visa for a year. How does my B2 stay affect that?Comment
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Did you move to Canada because you had exhausted your 6 Years H1 stay?Comment
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Yes, I worked here for 6 years and then moved out to Canada.Comment
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An H1 petition can at max be for 6 Years If you have exhausted your 6 Years Physical Stay in US then which petition are you going to extend once PERM is processed? Wouldnt you need a new H1 petition? You would be eligible for the new H1 only after staying full 1 Year outside US to reset your clock. In such circumstances its recommended to stay out of US for entire one year and avoid long stays in US on any other visa.
This is my opinion not legal advice.Comment
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The way my lawyers put it (and if I understand them correctly), after my PERM and I140 are approved, they would use the unused time left on my H1B to file for an extension, and would add 3 years to that. Does this make sense?Comment
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This contradicts your earlier statement that you worked entire 6 years on H1. If you have used up eNtire 6 years where is the time left on H1? But if there is still time left in that 6 years then what your lawyers are saying is feasible.Originally posted by sp186 View Post
This is my opinion not legal advice.Comment
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You're right, I wasn't clear in the beginning. I have 3 weeks left on my H1B.
Considering that, is there any issue with staying on B2 or B1/B2 for an extended period of time (maybe a couple of months) in the US?Comment
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