Applying for PERM before 5 Yr period of Employement

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bharghava

Registered Users (C)
Hi,

My wife got here L1 in Oct 2003, but she came to US in Jan 2004. Then after working for 1.5 yrs she shifted to H1 on June 2005. Since then she has been on H1.
She was planning to apply for Her labor now, but the lawyer says that time on L1 will count towards the H1 to apply before 5 yrs. So she said my wife need to apply for perm By end of this october 2008.
My question is Since she came here in Jan 2004, doesnt the 5 yr perid count from Jan instead of previous year Oct? Because now we have only 3 months to apply for perm. Please help.
 
I am not aware of any regulations that says you MUST be employed for 5 years before you can start PERM. So your wife could start her PERM process right now; you don't have to wait until October.
 
What i meant was, we have to apply before the 5 year period for further H1 extensions. once 5 yrs employement is crosses we cannot extensd into 7th yera and so on.
 
bharghava said:
What i meant was, we have to apply before the 5 year period for further H1 extensions. once 5 yrs employement is crosses we cannot extensd into 7th yera and so on.
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Okay, that's partially true. If you get your 140 approved before your 6th year is over you could get extension beyond 6 years.
And yes, her period should count from initial entry into the US and not from approval period. However, the sooner you start her PERM process the better for both of you.
 
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