Hi - I hope this finds you well! My employer just filed for PERM on Aug-2 2013 and 6-years of my H1B visa expire on Oct-22 2013 (including recapturing time).
I understand the rules that say H1B can be extended beyond 6 years if PERM was filed 365 days prior (for 1-yr extention) or I-140 is approved before last day of H1B (for 3-yr extention). However, as is apparent, I now qualify for neither.
In best case scenario, my I-140 is likely to come by Jan-2 2014, which is approximately 70 days after my current H1B expires.
Main question I have is :
1). Is there a "gray zone" where H1B extention can still be filed if I-140 approval comes shortly after 6-yr expiration (i.e. in 2-3 months)? Inspite of the fact that PERM wasn't filed 1-yr before or I-140 wasn't approved in time.
Other questions I have are:
2). If NO to 1). above, can I be brought back on L1 visa if I meet eligibility criteria?
3). If YES to 2). above, do I have to work in foreign location for at least a year? Or can I apply for L1 transfer immediately?
4). If NO to above options, any other options for me to remain in status or at least RETURN TO THE US WITHIN 3-4 MONTHS****?
5). Are there ways for the lawyers to make the process move faster with Department of Labor so that a response on PERM filed on Aug-2 can come within the next few weeks instead of waiting 4 months?
Thanks in advance to all who will reply here!
Regards
TD
****3-4 months is crucial for me, as my employer will be willing to relocate me temporarily to another country/office and bring me back to the US office. But a whole year away from the US office will be long for my employers (which I know is the limit to re-apply for H1B).
Thanks much in advance!
T
I understand the rules that say H1B can be extended beyond 6 years if PERM was filed 365 days prior (for 1-yr extention) or I-140 is approved before last day of H1B (for 3-yr extention). However, as is apparent, I now qualify for neither.
In best case scenario, my I-140 is likely to come by Jan-2 2014, which is approximately 70 days after my current H1B expires.
Main question I have is :
1). Is there a "gray zone" where H1B extention can still be filed if I-140 approval comes shortly after 6-yr expiration (i.e. in 2-3 months)? Inspite of the fact that PERM wasn't filed 1-yr before or I-140 wasn't approved in time.
Other questions I have are:
2). If NO to 1). above, can I be brought back on L1 visa if I meet eligibility criteria?
3). If YES to 2). above, do I have to work in foreign location for at least a year? Or can I apply for L1 transfer immediately?
4). If NO to above options, any other options for me to remain in status or at least RETURN TO THE US WITHIN 3-4 MONTHS****?
5). Are there ways for the lawyers to make the process move faster with Department of Labor so that a response on PERM filed on Aug-2 can come within the next few weeks instead of waiting 4 months?
Thanks in advance to all who will reply here!
Regards
TD
****3-4 months is crucial for me, as my employer will be willing to relocate me temporarily to another country/office and bring me back to the US office. But a whole year away from the US office will be long for my employers (which I know is the limit to re-apply for H1B).
Thanks much in advance!
T