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PERM Processing Labor processing through PERM

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Old 07-11-2008, 09:28 PM
Beasle Beasle is offline
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Default PERM Audit & H1B expiration: Do time recap to keep H1B current - for extension filing

My PERM (EB2) was filed mid January 2008, less than 365 days before my second term H1B will expire in October 1, 2008. The case was audited in March and we responded in April 2008 to the Atlanta Processing Center. Since then, no news.

From what I understand from my lawyer, there will be a time gap when I will be without H1B status between October 1, 2008 and mid January 2009, when I will be eligible for an automatic H1B extension due to the PERM pending for more than 365 days. This time gap comes to a total of about 110 days.

My lawyer suggests spending these 110 days out of the country before October 1st, so they can be filed as a “time recap” and added to my H1B October expiration date. As a result, this would get me to mid January 2009 for the H1B visa extension, so I can stay continuously in the US.

As of now, I already accumulated about 60 days – all from vacation during the 6 years on H1B. If I applied this for time recap, it would get me through December 1, 2008. If I can avoid it, I would rather not spend the remaining 50 days abroad before my H1B visa expiration.

Recap eligibility
- Does paid vacation count as time out of the country for recap filing and added to the H1B expiration date?
- Do travel dates also count or only full days abroad?

Recap filing
- If the recap filing of 60 vacation days get me to December, can I still go in and out of the country between October and December -- even though my H1B officially ended in October?
- Can I do a recap filing several times for time periods that I might stay out of the country between October and December, so eventually it would get me to mid January, the date when the H1B extension can be filed?

Filing after PERM approval
- What are the next filing steps if I get my LC approved before / after October or December?

My lawyer, hired by my employer, keeps me in the dark. Is my information correct? Are there any work-arounds?

I need to stay in the country, regardless of the filing fees or other costs. Which other filings are required and when, so I can stay continuously in the country?

Thanks for any tips and advice.
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