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  #1  
Old 07-23-2010, 12:20 AM
madison.sale2008 madison.sale2008 is offline
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Default help on extending beyond 6 yrs

Hi All,
need urgent help and guidance.
I am getting near to my 6 yr term limit - expiring on sep-2011. I just changed employer last month and want to extend beyond sep-2011 with my new company. Is there a way i can start my GC processing and file for 7th yr extension? (I have not done anything on gc processing so far)

Thanks!
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Old 07-23-2010, 09:17 AM
GeetaRam GeetaRam is offline
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You can not get 7th Year extension without filing GC. Ask your new employer to file your PERM and if you have filed your PERM before spet 2010 you get one year of extension and once you filed your I-140 after approval of PERM labor you are entitled for 3 year H1-B extension.
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Old 07-23-2010, 11:47 AM
madison.sale2008 madison.sale2008 is offline
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Default Thanks

Thanks for quick reply. My employer is ready for filing GC but it seems the process will not be finished in time? (that is the feedback I got) for 7th yr extension,Do i need to have the perm filed with DOL before sep-2010 ?(since my h1 is expiring on sep-2011) How long does it take generally for filling perm ?

Thanks a lot.
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Old 07-23-2010, 12:04 PM
GeetaRam GeetaRam is offline
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Yes it has to be filed before sept 2010 that's the ideal case. If you can't file in before that you can re capture the time you are out of country on vacation etc. Eg if you are out country for 2 months than considering that recapture it will extend your deadline to Nov 2011 so before Nov 2010 if you PERM is filed you r eligible for 7th year extension.
You should talk to your lawyer in more details... I am not lawyer.
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Old 07-23-2010, 12:13 PM
madison.sale2008 madison.sale2008 is offline
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Default Thanks.

Thank you Geeta. This is good information and atleast gives me points to talk with lawyer.
Thanks a bunch.
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Old 07-23-2010, 03:03 PM
wait_2010 wait_2010 is offline
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wait_2010 is a glorious beacon of light wait_2010 is a glorious beacon of light wait_2010 is a glorious beacon of light wait_2010 is a glorious beacon of light wait_2010 is a glorious beacon of light wait_2010 is a glorious beacon of light
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One year is important because the law says if your PERM has not been adjudicated within 365 days of filing, u will get a one year extension..Thats why u r recommended to file perm by sep 10. But going by the current rate, it seems possible that you may get an approval in 10 months . So even if you file PERM by november and your PERM is approved in 9-10 months you can extend your stay. So go a head and start PERM with ur employer without delay. Additioanlly, you can add the number of days you have been outside USA to your H1b 6 year expiry. i.e. if you complete 6 years by sep 2011, and you have been out of usa for 5 weeks during last 5 years, you will have ur H1B expiry by Oct 2011. I am not sure if you have already acocunted for your stay out of USA in your 6 year term..Gud luck
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