Timing and Start Date for 7th year extension - Please Reply
Hello All,
My 6th year is expiring in Oct2010 and my employer is planning to file my Labor/PERM in Feb 2010. I am given to understand that the best case scenario in this situation is for the Labor and I-140 (via premium processing) to get approved before Oct 2010. Since there are only 7-8 months for this to happen, I am thinking the chances of it is very low.
My questions are
1. Will I be able to file for the 7th year extension before my 6th year expires, say in Sep or Oct 2010 (even though my PERM would be less than a year old as of my H1 expiry date)?
Meaning, can my employer just go ahead & file for the extension but request for the 7th year to start from Feb 2011 (i.e. the 365 day point from when the PERM actually gets filed) ?
Or do I have to wait until Feb 2011 (i.e. 365 day point from when the PERM actually gets filed) to even file for the 7th year extension?
In other words, can we file for an extension even if PERM will be less than an year old, as of the H1 expiry/maxout date? If Yes, when can we file it - "before" the H1 expiry date or "after" the H1 expiry date (is this any different from a normal scenario where an extension can be filed 6 months before expiry and PERM is filed 365 days before expiry)?
I wont have 365 days between the PERM filing and H1 expiry but i am thinking what if my employer could just request for the 7th year to start from the 365 day point?
2. If I have to wait till Feb 2011 (i.e. the 365 day point),
a. Is it possible to file the 7th year extension from outside the US (because technically I would have to depart the US before that)
b. What start date can the employer request on the petition for the 7th year extension. Can it only be Oct 2010 - Oct 2011. Or can it start from Feb 2010- Feb 2011?
3. If my Labor is denied or if i get a RFE when i am outside the US, what are the options I have? Can I appeal it and file for the 7th year extension (before or after the 365 day point) based on the pending appeal?
Request you to please help me out with answers (it's urgent). And thank you very very much for your help.
Hello All,
My 6th year is expiring in Oct2010 and my employer is planning to file my Labor/PERM in Feb 2010. I am given to understand that the best case scenario in this situation is for the Labor and I-140 (via premium processing) to get approved before Oct 2010. Since there are only 7-8 months for this to happen, I am thinking the chances of it is very low.
My questions are
1. Will I be able to file for the 7th year extension before my 6th year expires, say in Sep or Oct 2010 (even though my PERM would be less than a year old as of my H1 expiry date)?
Meaning, can my employer just go ahead & file for the extension but request for the 7th year to start from Feb 2011 (i.e. the 365 day point from when the PERM actually gets filed) ?
Or do I have to wait until Feb 2011 (i.e. 365 day point from when the PERM actually gets filed) to even file for the 7th year extension?
In other words, can we file for an extension even if PERM will be less than an year old, as of the H1 expiry/maxout date? If Yes, when can we file it - "before" the H1 expiry date or "after" the H1 expiry date (is this any different from a normal scenario where an extension can be filed 6 months before expiry and PERM is filed 365 days before expiry)?
I wont have 365 days between the PERM filing and H1 expiry but i am thinking what if my employer could just request for the 7th year to start from the 365 day point?
2. If I have to wait till Feb 2011 (i.e. the 365 day point),
a. Is it possible to file the 7th year extension from outside the US (because technically I would have to depart the US before that)
b. What start date can the employer request on the petition for the 7th year extension. Can it only be Oct 2010 - Oct 2011. Or can it start from Feb 2010- Feb 2011?
3. If my Labor is denied or if i get a RFE when i am outside the US, what are the options I have? Can I appeal it and file for the 7th year extension (before or after the 365 day point) based on the pending appeal?
Request you to please help me out with answers (it's urgent). And thank you very very much for your help.
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