PERM Filed - Only 4 months on H1 Visa

S

syedaiyaz

New Member
My PERM was filed by my company only yesterday 10/20/09 and my H1 expires (6 years) on 02/21/10. I did not leave US anytime during my H1 and hence there is no time for recapture. My employer says that PERM normally takes 6-9 months to approve and I should travel back to India if my PERM doesn not get approved by 02/21/10.

He says that once PERM gets approved (when I am in India) we can file for I-140 and H1 7th year extension on premium through Consulate and I can then travel back.

Is this true? What is the process to do this? Can I travel with my approved I-140 and extended H1 and continue the process from US? Please advice. It is a lot stressful as I am getting conflicting information from different people.

Thanks,
Syed
 
Syed,
Your employer is correct that you would have to travel back to India if your H-1 is expiring, and that you can file for premium processing of I-140 after your PERM is approved. Currently, DOL is processing cases filed in December/January, so it's assumedly going to be a more 10+ months, as a guess based on current trends... but who knows, DOL could clear up the backlog of cases and revert back to their initial 90-day-target-processing-period... but I doubt it. Good luck to you!
 
Hi

To the above answer given by st4rguitar, I have a question. We filed PERM in EB2 quota in december 2008. But unfortunately we don't have the application number with us and have file number with advocate which can not be used to chk the status. Could some one let me know how can we know that the application has been approved? or approximately how many days is that going to be taking for the approval for the one's which were filed during december 15 2008?
 
haibara said:
Hi

To the above answer given by st4rguitar, I have a question. We filed PERM in EB2 quota in december 2008. But unfortunately we don't have the application number with us and have file number with advocate which can not be used to chk the status. Could some one let me know how can we know that the application has been approved? or approximately how many days is that going to be taking for the approval for the one's which were filed during december 15 2008?
Click to expand...

Has your case been adjudicated yet? DOL is currently working on January 2009 cases. If yours has NOT been audited and is still pending, your lawyer should place a status query.
What do you mean you don't have the case number? Who filed the petition? Your employer or your attorney? By the way, you should NOT place a query yourself. It should only come from the employer/lawyer that filed the case, as the petition belongs to the EMPLOYER based on a POSITION and not to the beneficiary.
 
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