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-   -   PERM and 7th Yr Ext question (https://archive.immigrationvoice.org/forum/showthread.php?t=1046942)

dkin007 01-21-2010 10:15 AM

PERM and 7th Yr Ext question
 
Hi,

My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.

Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?

If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.

Please respond with your suggestions.

Thanks a lot in advance!

Regards
DK

u.misc 01-21-2010 11:58 AM

Please Read.
 
Quote:

Originally Posted by dkin007 (Post 1396131)
Hi,

My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.

Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?

If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.

Please respond with your suggestions.

Thanks a lot in advance!

Regards
DK


I was in the similar situation. i.e. My Labor was applied after I was in 6th year of H1-B. My lawyer told me that I won't be able to get 1 year H1-B extension based on the PERM because PERM had to be filed before 6th year of H1-B period (i.e. at least 1 year before H1-B term is over).

My lawyer suggested that in case the PERM is not approved in short period of time, he might have to send me abroad (outside US) for certain period of time since the period spend outside US does not count towards H1-B tenure. So basically if your PERM is filed on 01 June 2010, then you might have to spend "X" number of days (counting from April 17,2010 through 01 June 2010) outside US to be able to apply for 7th year H1-B extension based on pending PERM application.

I my case, things turned out in my favor and I was lucky to get PERM approved in 3 months and then I-140 approved in a week. I was able to get 3 year H1-B extension.

Please work with a lawyer and he would suggest you a way around. Its worth it to spend some money and get consultation from a expert lawyer on this matter. Good Luck with you new job.


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