PERM - My H1B/ GC Situation!

S

sathishnk2006

New Member
Hello:
I'm deeply concerned about my situation - I have been talking with my friends, but I get different opinions from different sources. That being said, I wanted to clearly tell my situation to you and take your advice. Appreciate your response!

Including recapture into consideration, my 6th Year H1B is expiring on Dec 21,2007. My company is filing PERM for me in EB3 category - I have given all the documents to them and they are in the process doing job postings etc., I have been told that my application will be submitted to DOL for LC on Dec 5,2006. After this filing date, I will have just above 1 year before my H1 expires. This is my situation and here are the questions/concerns i have --

1) How long it will typically take to get my LC approved?
2) Is there a chance that my I-140 can get approved before my H1 expires?
3) If my 140 is not approved before Dec 21,2007 (my 6th year H1 expiry date), do I need to go back to india?
4) Can my H1B be extended even without 140 approved, just because my PERM has been initiated just before end of 5th year (1 year prior to my 6th year end date)?
5) How long it would typically take to get the GC in hand in EB3 category?

I know I'm ignorant, its probably because i'm getting different information from different sources and am not sure what/who is right. Many Thanks for your response!
 
sathishnk2006 said:
Hello:
I'm deeply concerned about my situation - I have been talking with my friends, but I get different opinions from different sources. That being said, I wanted to clearly tell my situation to you and take your advice. Appreciate your response!

Including recapture into consideration, my 6th Year H1B is expiring on Dec 21,2007. My company is filing PERM for me in EB3 category - I have given all the documents to them and they are in the process doing job postings etc., I have been told that my application will be submitted to DOL for LC on Dec 5,2006. After this filing date, I will have just above 1 year before my H1 expires. This is my situation and here are the questions/concerns i have --

1) How long it will typically take to get my LC approved?

PERM cases have much quicker response time, A typical ball park of 3 months is used in most of estimations

2) Is there a chance that my I-140 can get approved before my H1 expires?

There surely is a chance, specially with premium processing in place for 140, if things are done timely and correctly, both LC and 140 could get done at a quick pace.

3) If my 140 is not approved before Dec 21,2007 (my 6th year H1 expiry date), do I need to go back to india?

No. Not at all. 140 not approved means two things, either 140 is in process in which case your H1 can be extended by 1 year and so on, or 140 is rejected. Unless one's case is convoluted and unclear, dont think about rejection yet. Thats a different discussion all together. Refer to other postings on this forum for more details on that topic.

4) Can my H1B be extended even without 140 approved, just because my PERM has been initiated just before end of 5th year (1 year prior to my 6th year end date)?

Yes. When 140 is in pending status, H1 can be extended by one year increments, as long as your PERM has been filed, approved or pending for more than a year.

5) How long it would typically take to get the GC in hand in EB3 category?

"Which one came first the chicken or the Egg?" - I mean to say, no one can answer that question, including BCIS. Some of us have waited for Labor Clearence for more than 4 years.

I know I'm ignorant, its probably because i'm getting different information from different sources and am not sure what/who is right. Many Thanks for your response!
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