I have a couple questions about H1B extensions and the PERM process. I've been working under H1B for over four years, and my visa (as stamped in my passport) will expire on November 1st 2006. I haven't applied for LC yet, but this should happen very soon.
Besides that, my situation is very simple. I have a solid case (Master degree in aerospace engineering with 4 years of experience) and I come from a country that usually isn't associated with immigration issues (Belgium). I'm not planning to switch employers or anything like that. It's really a straightforward case.
Here are my questions :
1. It's my understanding that, in order to file for a 7th year H1B extension, the LC application must have been submitted at least 365 days before expiration of the H1B. Since my visa expires on November 1st, this leaves me with 3 months to apply for LC. Is that realistically enough?
2. I have read that the H1B expiration date as presented on the passport isn't entirely meaningful. What matters is how long I've actually been staying/working in the US. My first visa was granted in November 2000, but I only started working in May 2001. So supposedly, my actual expiration date is around May 2007. Is that true?
3. Is there any benefit from applying EB2 instead of EB3 for citizens of "non problematic" countries such as mine? I do have the degree and experience required for EB2 but it's borderline (4 years experience), so I'd rather file as EB3 if there's no particular benefit with EB2.
4. I know how the PERM process works, but there's one thing I'm unclear about. Is it possible to publish the adds without having obtained the prevailing wages information beforehand? Or does one have to get the wages first, then post the adds, then wait 30+ days to submit LC?
Thanks much in advance for any answer!
Besides that, my situation is very simple. I have a solid case (Master degree in aerospace engineering with 4 years of experience) and I come from a country that usually isn't associated with immigration issues (Belgium). I'm not planning to switch employers or anything like that. It's really a straightforward case.
Here are my questions :
1. It's my understanding that, in order to file for a 7th year H1B extension, the LC application must have been submitted at least 365 days before expiration of the H1B. Since my visa expires on November 1st, this leaves me with 3 months to apply for LC. Is that realistically enough?
2. I have read that the H1B expiration date as presented on the passport isn't entirely meaningful. What matters is how long I've actually been staying/working in the US. My first visa was granted in November 2000, but I only started working in May 2001. So supposedly, my actual expiration date is around May 2007. Is that true?
3. Is there any benefit from applying EB2 instead of EB3 for citizens of "non problematic" countries such as mine? I do have the degree and experience required for EB2 but it's borderline (4 years experience), so I'd rather file as EB3 if there's no particular benefit with EB2.
4. I know how the PERM process works, but there's one thing I'm unclear about. Is it possible to publish the adds without having obtained the prevailing wages information beforehand? Or does one have to get the wages first, then post the adds, then wait 30+ days to submit LC?
Thanks much in advance for any answer!