PERM pending and H1B 6 years ending soon

vinayakarya · May 30, 2019, 6:00am

Hi Anil,
I am currently in my 6th year of H1B visa (ends Nov 23, 2019). My company initiated my PERM process and currently waiting for PWD approval. Assuming they would submit my PERM in June/July 2019, i guess my PERM will be under process while my visa ends and i need to go back to home country.

If my PERM and I-140 gets approved after i go to home country

Can my company apply visa extension based on approval?
If yes, can i travel immediately after latest visa stamping?
Will it have to be a new H1B visa under lottery process?

Thanks in advance.

Anil_Gupta · May 30, 2019, 6:03am

Apply visa extension based on i140 approval

You can apply for H1b extension from outside USA based on approved i140.

Travel On Visa Stamping

You can get H1B stamping only after your H1B petition has been approved. You can travel anytime once you get the H1B visa stamp.

H1B does not need lottery if i140 is approved

There is no need for H1B to go through lottery if your i140 is approved.

vinayakarya · May 30, 2019, 6:11am

Thanks for your quick response. So it means once my I-140 is approved my employer files for a H1B extension and once it is approved, i have to get stamping and can travel back.

Is my understanding correct?

Anil_Gupta · May 30, 2019, 6:14am

Yes, that’s correct understanding.

vinayakarya · May 30, 2019, 6:15am

Thank you again Anil. It was really helpful.

kir_p · August 30, 2019, 1:20pm

Hi Anil,

My perm applied by my employer on june 25th. Still status was pending. My Max out was March 2020. Can my employer files another 1 year h1b extension if my perm still pending or any Audit status.or I 140 pending ?. I was bit confsued as per Am22tech perms got approval who filed perm after my filling date. Pls confirm. Appreciate your response.

Regards
kumar

Anil_Gupta · August 30, 2019, 1:22pm

Hi @kir_p

You can only file 1 year H1B extension if PERM has been pending for more than 365 days.

I think you should be able to get your PERM approval by Oct 2019 end and then you can file i140 in premium.

You should be able to file your H1B extension before your max out date. Don’t worry.

kir_p · August 30, 2019, 4:34pm

Thanks Anil for quick response. One final request Is there any way to check if case moves to Audit?.

Regards
kumar

Anil_Gupta · August 31, 2019, 4:22am

Hi @kir_p

Your employer will receive the Audit request from DOL if your application is selected for it. Your employer can tell you.

There is no way to check online if your case has been selected for Audit or not.

vinayakarya · September 30, 2019, 9:03pm

Hi Anil,
Following up on the same thread about my case. Below is the background about my PERM case.

PERM applied - May 21, 2019
Audit received - Sep 24, 2019.
Audit response - Oct 17, 2019 (could be even before)
H-1B Max out - Jan 20, 2020.

Since you have good insight on the current processing timings,
Do you think i can get a response before my Max out date?
Also, what options will i have after Max out and pending Audit?

Thanks in advance.

Anil_Gupta · October 12, 2019, 1:24am

A post was merged into an existing topic: I94 extension at Laredo Texas US Mexico Border, Old passport expired, Renewed passport

vinayakarya · October 11, 2019, 10:16pm

Hi Anil,
Following up on the same thread about my case. Below is the background about my PERM case.

PERM applied - May 21, 2019
Audit received - Sep 24, 2019.
Audit response - Oct 17, 2019 (could be even before)
H-1B Max out - Jan 20, 2020.

Since you have good insight on the current processing timings,
Do you think i can get a response before my Max out date?
Also, what options will i have after Max out and pending Audit?

Thanks in advance.