Discuss vadlamani's PERM USCIS Case

Thank God, Approved after long waiting, All the best who ever edge on 6th year H1-b

congrats buddy..i understand how relieved u will be...my PD may 16th...jan 29th last day of h1...hoping for some good news...fingers crossed..

All the best Jai83

Hi Vadlamani,

Is your H1 max out on Jan 26th 2014? Did you apply for H1 extension already?

What's your plans? Are you gonna apply I140 premium and then H1 extension on premium?

My case is similar to you. My PD is May 30 2013 with status pending and I 94 expiring on Feb 11th 2014.

Thank you!!

to Dinesh
Not yet
i am discussing with Employer( I want to apply I-140 premium by next monday)
and i am planning to apply H1-B on 22nd or 23rd with or without I-140 ( i all ready have LCA)
i think u will get next week

So, with labor approval and without I140 approval, will we get an H1 extension? I know it depends, but in general how long the extension can be?

without I-140 we will get only and Maximum 1 year H1-B extension with 140 more than year

Thank you, Vadlamani

Since the Labor was filed between 5th year and 6th year of H1b, i do not think you can get 1 year extension just by getting labor cleared.
The only option is either you have both I140 and H1b extension done before H1b maxout, else leave the country and come back when I140 and H1b extension have been done.
I am in a similar situation and this is my understanding.

No Mattsingh, I-140 not required , I all ready contacted My lawyers(my new and old lawyers)

Yes, as PERM is filed after entering 6th year until I-140 is approved one cannot be eligible for H1B extension. So, in this case vadlamani has to go for premium for his I-140 petition and then apply for H1B extension else have to leave out of the country on Jan 26, 2014 and apply for H1B, attend for a visa to re-enter.

I do agree with Dinesh and CG432. One of my friend was in the same situation last year and he had to get I-140 in premium to apply for H1 B extension. His I-140 (premium) was approved in 5 days.

I am still trying to validate this option of H-1 1 year extn before 6 year max out, but here is what I found from my research.

H-1, 1 year extn can be applied if
a. The perm was applied before the 6th year of H-1, the 365 day rule. This is irrespective of I-140.
b. If the perm was applied in the 6th year, can apply for H-1 1 year extn if you have the I-140 applied receipt.
c. Can apply for H-1 3 year extn if your I-140 is approved.

This option b to apply for H-1 1 year extn with out I-140 approval can be found in the I-140 forums where folks had audits on their I-140's.

BTW, Vadlamani congratulations!!

Thanks Everybody
and without "certified PERM"(actual Copy) we cannot file I-140
Today i confirmed with lawyer BrokenSystem1 is correct, and i am going to change my status F2

One more question:


I came to US on H1 on Feb 4th 2008 and based on that my 6 years completes by Feb 3rd 2014.

But, I have been out of US 3 times and that counts to 4 months. So, my H1 max out date is June 30th 2014.

My Labor was filed on May 30th 2013. Question is, will that be considered as my Labor filed before the 6th year?

Thanks,
Dinesh

Yes, you will be considered as PERM filed in 5th year i.e., before entering into 6th year.

Good Luck!!

Hi, I am also in the same boat like vadlamani. My PD date is 06-26-2013 and i will be completing my 6th year on 4/29/2014 (Including all the time spent outside of united states). Can anyone tell me what is the Pros and Cons of converting to F1.

@VisaVisa123: Other than converting to F1, you can apply for H1B extension sometime before April 29, 2014 with effective post June 26, 2014 assuming that your PERM will be in process for more than 365 days. Meanwhile instead of converting to F1, you can COS to B1/B2. There are few guyz who did this process in mid 2012 and I missed this i.e., as I'm not aware of this process and left the country as I got PERM approval 1 day before my last day of 6 years. Then applied I-140 followed by H1B from India and came back to USA.

Hope this info helps. Good Luck!!

Vadlamani, when you say you are converting to F2, do you have your spouse already on F1 or applying now? I am also looking into the option but need to apply H4-F1 I539 COS for my wife first and and H1-F2 COS for me.....I was wondering if before you apply for F2 COS, does the F1 COS need to be approved or if both of them can be applied at the same time.

I have approved F1 on my wife , i am expecting this situation and applied F1 for my wife

My PERM was filed on 5/30/2013 - 365 days before my H1 max out date and expecting my status by Jan 25th 2014. Since my I94 is expiring by Feb 11th 2014, am I eligible for 1 year H1 extension?

Dinesh, based on what you have said about entry and re-capturing the dates you should be eligible to apply for 1 year extension. Check with your attorney he should be able to guide you.