PERM question

L

las1234

Registered Users (C)
My H1 B is expiring on the 02/15/08. I have 6 ½ year that include the time I was out of the US. Currently the lawyer has applied for the labor certification and it is in “In Process” status. As I applied late, I cannot get an extension to my H1-B on the 365-day rule. My question is if I leave the US on the 02/15, can I come back to work legally after my labor certification is approved? or do I need to wait until the complete green card process is complete?
My lawyer also tells me that I can stay for 30days after my H1 B expires, to pack up. Is that true?
 
las1234 said:
My H1 B is expiring on the 02/15/08. I have 6 ½ year that include the time I was out of the US. Currently the lawyer has applied for the labor certification and it is in “In Process” status. As I applied late, I cannot get an extension to my H1-B on the 365-day rule. My question is if I leave the US on the 02/15, can I come back to work legally after my labor certification is approved? or do I need to wait until the complete green card process is complete?
My lawyer also tells me that I can stay for 30days after my H1 B expires, to pack up. Is that true?
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How can I disagree with a professional. But couple of question, how long were you away during 6 1/2 years? You can apply for 6 months+time away during H1-B.

On what visa you expect to enter USA after LC approval?
 
Your lawyer is correct that you can stay 30 days after your H-1 expires. I believe the official law is that as long as you entered legally, that you can stay for 180 days after your visa expires, though you should definitely NOT work illegally during this time. I remember reading some proposed legislation that indicated that they were reducing the time to 90 days max over-stay, but I don't know if it was imposed. However, personally I would recommend NEVER testing the USCIS by overstaying your visa.
Has your case been approved yet? Or still in process? I guess the real question is why did you wait until the very very last minute to file your Green Card petition? I know it is one of my personal frustrations when we have clients email us and say that their X# of years is up on their H1 and can we file right away. It's like.. if you've been here in the US for 6 1/2 years, you couldn't take time to start your GC in that entire time period?
Anyway, since this post is a little dated, hopefully your case has been approved and you are well on your way of filing the I-140.
Best wishes & good luck.
 
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