1. When is the latest that an employer could start the advertising for PERM LCA so that I would be eligible for a 7th year extension? I am in a professional occupation and my H1B1 approval notice states Oct 1 2006. I understand that only one of the two additional required recruitment steps could be within 30 days of filing. Does this mean that the placement of a job order with the SWA for a period of 30 days could be within the 30 days prior to filing? If so, the second Sunday ad would have to be posted before 30 days prior to filing, and the first Sunday notice would have to be a week earlier. I have read in one posting that a minimum of 6 months is necessary. If so, I am already late.
2. Can I recapture the time that I have spent outside the U.S. since my H1 status started? Where do I apply and what do I submit? This would be 8 weeks, and I plan to be away for another 2 weeks this summer.
3. My first H1 expired Oct 1 2003, and my current H1 expires Oct 2006. However, when the first approval notice was issued and the INS sent it to my employer, my employer did not notify me. At that time, the regulations did not allow the candidate to start working until the petition was approved. (I was on my OPT when the H1 petition was filed, but when the OPT expired I had to stop working). I did not start working until I called the employer, and they told me that they had received the approval. I actually started working on my first H1 status on Dec. 15 2000. Could I recapture this time?
I greatly appreciate any responses!
2. Can I recapture the time that I have spent outside the U.S. since my H1 status started? Where do I apply and what do I submit? This would be 8 weeks, and I plan to be away for another 2 weeks this summer.
3. My first H1 expired Oct 1 2003, and my current H1 expires Oct 2006. However, when the first approval notice was issued and the INS sent it to my employer, my employer did not notify me. At that time, the regulations did not allow the candidate to start working until the petition was approved. (I was on my OPT when the H1 petition was filed, but when the OPT expired I had to stop working). I did not start working until I called the employer, and they told me that they had received the approval. I actually started working on my first H1 status on Dec. 15 2000. Could I recapture this time?
I greatly appreciate any responses!