PERM and 7th Year extension

T

triashu

Registered Users (C)
I have 9 more months before I will reach my 6 yr limit of H1. My current employer has filed labor for me in Dec 2003 from NY. The way things are progressing in Labor department, I can estimate no less than 2 -3 years before my LC is approved. To make the situation worse, my employer is not doing that well and can be bought over by someone or I can be laid off. I would like to know what my options of getting 7th year extension if I join a new company and the new employer files labor in PERM immediately.

1. If PERM application with new employer gets approved before I finish my remaining 9 months, can I get 7th year extension before I file I-140/485 OR I am eligible for 7th yr. extension only after filing I-140?
2. If PERM application with new employer gets rejected before I finish my remaining 9 months, can I get 7th year extension based on PERM is under process for the last 7-8 months?
3. Can I get extension based on labor filed with current employer if I leave and join some other company?

I will greatly appreciate all the responses.
 
triashu said:
I have 9 more months before I will reach my 6 yr limit of H1. My current employer has filed labor for me in Dec 2003 from NY. The way things are progressing in Labor department, I can estimate no less than 2 -3 years before my LC is approved. To make the situation worse, my employer is not doing that well and can be bought over by someone or I can be laid off. I would like to know what my options of getting 7th year extension if I join a new company and the new employer files labor in PERM immediately.

1. If PERM application with new employer gets approved before I finish my remaining 9 months, can I get 7th year extension before I file I-140/485 OR I am eligible for 7th yr. extension only after filing I-140?
2. If PERM application with new employer gets rejected before I finish my remaining 9 months, can I get 7th year extension based on PERM is under process for the last 7-8 months?
3. Can I get extension based on labor filed with current employer if I leave and join some other company?

You are eligible to get 7th yr extn through 'any' company based on your Dec 2003 LC only.

I will greatly appreciate all the responses.
Click to expand...
 
Thanks for the response great guru....
So does it mean if my PERM with new employer gets approved before I finish my 6th year, I will not be able to get 7th year extension based on new approved labor??
What if old employer withdraws the LC once I join new company?
Thanks in advance for your help.
 
triashu said:
Thanks for the response great guru....
So does it mean if my PERM with new employer gets approved before I finish my 6th year, I will not be able to get 7th year extension based on new approved labor??
You wont be able to get the 7th year extension based on the PERM case through new employer unless you get both PERM LC and I-140 approved before your 6th year expires. If only your PERM case is approved and not I-140, then you cannot get 7th year extension based on PERM case as it was filed in 6th year.
What if old employer withdraws the LC once I join new company?
You should ask your old employer to not to withdraw the LC so that you can get 7th extension based on the old pending labor.
Thanks in advance for your help.
Click to expand...
 
I am sailing in the same boat. My labor was filed through company X in April 2004 and is at BEC, 45 day letter recieved and responded. X was taken over by Y and exactly on may 28th 2005(end of 5th year on h1b) I got fired from Y. Y's attorney gave me the L/C documents and asked me to use it for my 7th year extension.
I joined a desi consulting company and they are willing to get me a 7th year extension based on current L/C and am also looking at filing under EB2 perm immediately. Don't know how this works out but the consulting company is confident it will work out.
 
chanduv23 said:
I am sailing in the same boat. My labor was filed through company X in April 2004 and is at BEC, 45 day letter recieved and responded. X was taken over by Y and exactly on may 28th 2005(end of 5th year on h1b) I got fired from Y. Y's attorney gave me the L/C documents and asked me to use it for my 7th year extension.
I joined a desi consulting company and they are willing to get me a 7th year extension based on current L/C and am also looking at filing under EB2 perm immediately. Don't know how this works out but the consulting company is confident it will work out.
Click to expand...


Hi Chandu,
I have question for you, which is state for which your LC was filed.

Saurav
 
Not true...you can extend H1B based on PERM LC also!

great guru said:
You are eligible to get 7th yr extn through 'any' company based on your Dec 2003 LC only.
Click to expand...

Per Rajiv's FAQ: You can get H1B extension as long as your PERM LC application was recieved officially by DOL 1 year before your H1B expires. The LC does not have to be pending it can and probably will be approved by then. What you have to prove is that your green card process was started one year ago. The start of the green card is marked by the date the LC application is recieved officially by the DOL.

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Q. Does the law permit extensions beyond 6 years for H-1?

A. Yes. Under two circumstances:
First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:

- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and
- for PERM cases - the date it is received by the DOL; and

-EB-1 and National Interest Waiver cases; when the I-140 is officially filed with CIS.
 
Do not answer, if you don ot know thoroughly in between any specific

sleepless_in_IN said:
Per Rajiv's FAQ: You can get H1B extension as long as your PERM LC application

PERM LC started only March 28, 2005. How can be it is one year old now.?

I am answering to a specific problem and you are jumping in to in with no clue.


was recieved officially by DOL 1 year before your H1B expires. The LC does not have to be pending it can and probably will be approved by then. What you have to prove is that your green card process was started one year ago. The start of the green card is marked by the date the LC application is recieved officially by the DOL.

-----------------------------------------------------------------------------
Q. Does the law permit extensions beyond 6 years for H-1?

A. Yes. Under two circumstances:
First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:

- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and
- for PERM cases - the date it is received by the DOL; and

-EB-1 and National Interest Waiver cases; when the I-140 is officially filed with CIS.
Click to expand...
 
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