Perm process steps and timelines, H1B 7th year extension

Hi Anil,

Really appreciate what you are doing here. I came across Truvisa while i was googling my doubts and saw that you have been helping many folks and promptly as well.
I signed up immediately to bug you with my questions :smile:

My 6Yrs + recapture time of H1 will be over by march 22 2019.
Employer has just started the GC process.

  1. From what i understand, employer/attroney will take 2months to apply PERM application and then it takes around 5 months for approval. Am i correct?
    Is filing Prevailing wage determination request and filing PERM application different?

Basically i just wanted to understand the process. Would be great if you can tell the steps.

  1. I can see that there is a very slim chance of PERM approval before my visa end date. So in case it is not approved, Should i leave US couple of months before visa end date? Will that be of any help in getting H1 extension after PERM and I140 approval?

  2. In case i exhaust visa and leave US on the last day. Once PERM and I140 is approved, do i need to wait for 1 year cooling period?

  3. Also In case PERM is not approved after 1 year of filing, and i exhausted all of visa days. Can i apply for 7th year extension and come back to US?

Thanks in advance,
Abhishek

Hi @Abhishek_Jain
You have come to the right place :slight_smile:

We track current PERM approval timelines here daily:

As per today’s processing time, applications filed in May 2018 are being worked on.
So, there is a waiting of about approximately 78 days.

Is PERM and Prevailing wage different?

Yes, these are two separate things.
Prevailing wage determination is a pre-requisite to file PERM.
Today, Prevailing wage determination is taking about 105+ days to process.

Green Card PERM process

I have written a detailed article about PERM and Green card process here, if you want to read it:

https://www.am22tech.com/green-card-process-with-employer-sponsorship/

Leave US before H1B 6 year completion if PERM is pending for less than 365 days?

It is recommended to leave about 60 days of time in your 6 year quota completion and go out of USA.

This generally helps make a good case to apply for H1B extension while you are out of USA, using your approved i140 or if PERM is pending for more than 365 days.

I have seen people usually leave around 30 days grace too but that’s basically like living on the edge!

Wait for 1 year outside USA if H1B 6 year quota is exhausted, PERM pending

No, you do not need the cooling off 1 year period.
If your employer has already started your GC process i.e. filed your PERM, you can use it to extend your H1B after 6 years.

If I140 is approved, H1B extension can be applied in 3 year multiples.
If I140 is not approved but PERM is pending > 365 days, 1 year H1B extensions can be applied at a time.

If PERM is pending and you are at end of 6th year, leave US a bit early (60 days) and wait for 365 to complete for PERM. Then, apply for H1B 1 year extension and you can come back if it is approved.

1 year wait (called cooling off period) is required ONLY if you want to apply a fresh H1B under CAP lottery, which starts every year in April.

Does that answer your question?

2 Likes

That was quick. Thanks a lot Anil…

One question, You mentioned that prevailing wage determination is pre-requisite to file PERM and current processing time for that is 105+ days.

So PERM can be applied only after prevailing wage determination is completed. Correct?

Yes, PERM can only be applied once Prevailing wage step is completed.

Got it… Thanks Anil. Now i have a clear picture about what i need to plan for.
I did read through your article about PERM and GC process. It was very informative.

Again thanks and Appreciate you helping folks like me.

1 Like

Hi All ,

My H1B will be expired in next year at Aug 20,2020 and we already got PWD approval and today attorney is saying that they will file Perm atleast 3-4 months and when they file my Perm at that time I will have only 10 months left and not sure on that duration all stages will be cleared like perm approval , I-140 , & H1B Extension .

Thanks
Atul Jha

Hi @ritu_jha

You are fine with these timelines. I think you will get the approvals before your 6th year end.