h1 extn. while PERM is pending

O

ommoll

Registered Users (C)
I will complete 6 years of h1 in January 2010 (inclusive of time captured abroad).
The PERM is pending since March 2009 (< 365 days).
Come January, if PERM is still not cleared, can the company file for H1 extn. for 1 year in January itself or do they have to wait till March to file the 1 year h1 extn. based on a pending PERM? If yes, can i stay/work legally during this period?

If I have to leave, can I come back in March, after the h1 extn. approval based on a pending PERM?
 
If PERM is filed before start of sixth year of h1b you can get 1 year h1b extension. Once I-140 is approved you can file for 3-year h1b increments
 
Thanks whitemimauz3.
My question is that sincethe PERM was not filed >365 days, and the 365 days complete in 2 months after 6th year h1 expiry, can I file for 1 year extn. in January and stay or work legally for the 2 months?
 
When is your labor certification filed, currently dol is processing dates around Jan 2009 for clean cases and for audit cases nov 2007. Either you can recapture time spent outside us after granting of h1b and file for extension or leave country
 
PERM was filed on March 5, 2009. I have already recaptured time spent abroad to have h1 till Jan 15, 2009.

Can the company file for h1 extn. in January 2010 itself, but ask to start the h1 period from March 6, 2010. Will that give me legal status to stay or work based on a pending application?
 
ommoll
As i told you earlier dol is currently processing clean labor cases around last week of january 2009, assuming your case is not under audit, i think you are quite close to approval since 5th march 2009 is filing date. Once you have that you can process I-140 premium processing, you can get result within 2 weeks, and then go for 3 year h1b extension.
 
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