PERM & H1B Ext :(

R

Raj2010

Registered Users (C)
Hi,

My LC Priority date is Jan 2004 and had sent 45 days letter back. Now, my h1b 6th year is getting over on Jan 2006.

I like to know,

Can I start PERM process at this stage ?
If yes, whether I need to cancel the earlier LC process ?
if applied for PERM in this month , JUNE, whether I will be able to apply for H1b extension ?

Please advise me !

Thanks !
 
Why don't you apply for your extension first and then file PERM. Then you are safe in case your original LC gets shot down for some reason.


Raj2010 said:
Hi,

My LC Priority date is Jan 2004 and had sent 45 days letter back. Now, my h1b 6th year is getting over on Jan 2006.

I like to know,

Can I start PERM process at this stage ?
If yes, whether I need to cancel the earlier LC process ?
if applied for PERM in this month , JUNE, whether I will be able to apply for H1b extension ?

Please advise me !

Thanks !
Click to expand...
 
Yes you can but....

Raj2010 said:
Can't we have the same PD of my orginal LC appln. , if I apply for PERM now ?
Click to expand...

You can file a PERM application now and maintain the old PD by answering the question, if you would like to retain your old PD. If you answer "yes" to this question, your previous application is automatically withdrawn and the new PERM application will be processed by preserving the PD.
 
If I can preserve my PD with PERM, can I apply for h1b 7th year extension with the orginal LC PD date ?
 
you can but.....

Raj2010 said:
If I can preserve my PD with PERM, can I apply for h1b 7th year extension with the orginal LC PD date ?
Click to expand...
You can file for H1-B extension in one year increments as long as you have a LC pending for more than 365 days before the current H-1B status expires. In your case you should be able to use the old PD for your extension even after switching to PERM as you would like to preserve the PD with your new application.

If I were you, I will get the extension first and then switch to PERM as lot of risk is involved if the PERM case is denied right away for whatever reason.
 
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