Please Help! (6th Year Start and PERM)

akrkap

Registered Users (C)
Dear Members,

I want to know when my a) 6 th year actually expires and b) based on my scenario, is PERM the only option to apply. I am very confused. Here is what I have:

First H1B

My First H1B was requested by my company (ON LC CERTIFICATE) from
July 2001 - July 2004

When I H1B approval notice came it, it said approved from
Sep 2001 - July 2004 (2 months less than 3 years and than requsted)

Second H1B

For the next 3 year extension, my company requested (ON LC CERTIFICATE) from H1B extension from July 2004 - July 2007

When I H1B approval notice came it (with 1-94 attached), it said approved from July 2004- July 2007 (This time 3 years as requsted).

My questions are:

1) When does my 6th year term actually expire? It is July 2007? or it will be Sep 2007?

If Sep 2007, then do I have to again apply for a 2 month extension after the 6th year?

2) I am planning to apply with PERM through another company and transfer my H1B (as my originall LC which was pending from 2002 from originall company got messed up ). I was told that, in order to have 7th year extension, I need to apply for PERM with the new company before my 6th year starts. (which I am not sure will be July or Sep of this year)

I am confused now, as to when my actual 6th year with start?

3) Also, somone told me that I cound also take into considertaion the # of days I was out of the country during H1b. In my case, I was out for about 3 months so far on H1B

4) What is the criteria of extending to 7th Year. Currently, my LC with my current company is messed up. I am into ending my 5th year and will be about to start 6th year (Which, I need clarification, if it will be July or Sep). The only option I was told was to apply for PERM before the 6th year starts to be able to get a 7th year extension.

I will highly appreciate it, if somone could please provide some inputs. I really need some advise and guidance on this.

Thank you in advance!

Sincerely,
Raj
 
Your 6 years is up whenever your 6 years stay on H1 status is completed. It's not necessary the date that H1 document says.
The answers for other questions, you can find it on board.
 
Thanks so much for your time to respond to my query.

I tried to find answers to my questions in the forums, unfortunatly, I was not lucky. I will try again.

Based on your responce, then my H1b will be valid until Sep 2007 and not until July 2007 - Please can you confirm. I know you mentioned the stay will over once I stay here on H1b for 6 years. I just want to double check with you that it is then irrevelant to look at what my comapny requested originally. I only have to go my the approval time alloted, which in my first H1B approval was 2 years and 10 months.

Sorry for asking for confirmation. May be I am a bit nervous and want to understand it correctly. It is important for me to know this for my further action on GC, etc.

Regards,
Raj
 
If you entered the US in Sep 2001 with H1 stamp (or you started to work in Sep 2001 in case of change of status), your 6 years will be up in Sep 2007. if you have 3 months that you spent for abroad, your 6 years will be up Dec 2007.

H1 period is not about petition, but its about how long you stayed in the US on H1 status.
 
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