Perm Labour Rule..Need help understanding

[ashyajnik]

Hi PERM Gurus,

My friend's 5 years on H1B are almost over on August 31st. Her GC (labour) could not get filed as the company had laid off some employees. They are postponing the filling of the GC for another 6 months. The rule for GC filling is that the labour should be filed before 5th year on H1 ends, to get future extensions. Is that rule still the same with PERM?

If her PERM gets filed in 6 months and gets approved before her 6th year expires, would that be considered ok? And then can she extend her H1B? I would like to know what other folks have done in these situations. One alternative is to go out of the country for a year and then come back on fresh H1. Any others?

thanks..

 

[voyager_008]

Re:

My understanding is that you can extend your H1 beyond six years if
1) you have LC pending at least one year before 6 yrs capout date.
OR
2) you have LC (including PERM) and I140 approved before your 6 years capout date.