365 day limit for H1-B extension with PERM

S

SoftwareGuy05

New Member
Hi,
The 6th year of my H1B expires on Aug 1st 2006. If I am able to file for my PERM LC only after Aug 1st 2005 (i.e. less than 365 days before my H1B visa expires), will I be eligible to get a 7th year extension if my PERM LC approval arrives before my 6th year ends on Aug 1st 2006?
Secondly, I had got my H1B approval when I was in the 3rd month of my 1-yr OPT. So I had still 9 months to go on my OPT when my H1B 'counter' started ticking. Is it possible for me to now use the remaining months of my OPT and effectively extend my stay in the US by 9 months.
Thanks
 
SoftwareGuy05 said:
Hi,
The 6th year of my H1B expires on Aug 1st 2006. If I am able to file for my PERM LC only after Aug 1st 2005 (i.e. less than 365 days before my H1B visa expires), will I be eligible to get a 7th year extension if my PERM LC approval arrives before my 6th year ends on Aug 1st 2006?

You are going to face trouble.

6th year expiry on 1 Aug 2006, to qualify 7th yr extn, you must have filed your LC by July 30 , 2005.

To file PERM, you have to do recruitment effort for 180 days. So you can file your LC, even if you start your advt process today, only on Dec 22, 2005. So you do not have 365 pending LC. Consult a Immigration Attorney immediately. Your OPT is gone gone, you can not go back to OPT/F1. again or recapture those time for H1 category.
Secondly, I had got my H1B approval when I was in the 3rd month of my 1-yr OPT. So I had still 9 months to go on my OPT when my H1B 'counter' started ticking. Is it possible for me to now use the remaining months of my OPT and effectively extend my stay in the US by 9 months.
Thanks
Click to expand...
 

I can think of 2 ways to solve this problem and become eligible and get extension

1)Go out of country few months(3 to 4 months) and come back so that you can utilize this time to fill the GAP
2)File the PERM case before JUY,30,2005.PERM case usuallly takes approx 2 months to file.

Hope this helps
 
Substitute LC instead of new PERM application?

Hi,
Thanks a lot for the info. Since I won't be able to apply for PERM before my 6th year starts, what if I were to get someone else's substitute LC but that only AFTER my 6th year starts. In other words, let's say that someone else's original LC appication has already been pending for more than a year and it gets approved and transferred to me after Jul 30th '05 (assuming the original person no longer needs it) i.e. when there are less than 365 days for my 6th year to expire. In that case, can I get an extension based on the fact that the substitute LC had been pending for more than 365 days before it was transferred to me?
Thanks
 
SoftwareGuy05 said:
Hi,
Thanks a lot for the info. Since I won't be able to apply for PERM before my 6th year starts, what if I were to get someone else's substitute LC but that only AFTER my 6th year starts. In other words, let's say that someone else's original LC appication has already been pending for more than a year and it gets approved and transferred to me after Jul 30th '05 (assuming the original person no longer needs it) i.e. when there are less than 365 days for my 6th year to expire. In that case, can I get an extension based on the fact that the substitute LC had been pending for more than 365 days before it was transferred to me?
Thanks
Click to expand...
YES
 
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