| Q. |
Regarding PERM Labor(EB2)
Hi,
Employer applied for PERM processing in EB2 category on Aug 4th 2008, My case is still in pending status. My H1B visa will expire in March 20th 2009(which will be 6 years completed). What are the complications and how can we work around? Please advice, thank you.
User's Location:
Pasadena, California, United States of America
Category:
Employment-based Green Card
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| A. |
In order to benefit from AC21 and get a seventh-year H-1B, you need to show that the labor certification was filed at least one year ago. In order to benefit from the three-year extension of H-1B, you need to show that an I-140 approved (premium processing is now available in this situation) AND that the unavailability of visa numbers is the sole impediment to you obtaining lawful permanent residence. It seems that it is likely that the latter will apply in your situation. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Hi Fredrick,
Thank You for the response, So I am clearly not eligible to stay if my PERM Labor is not approved before March 2009? Sorry, I was unable to understand the quote "It seems that it is likely that the latter will apply in your situation" in your reply.Would you please brief it for me. I will be talking to my Employer tomorrow, What should I be asking to make sure I get extension.
Thanks a lot
Bala Ramanadham |
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| A. |
If your I-140 petition is approved before March 2009 and the only thing preventing you from obtaining your lawful permanent residence is lack of an available immigrant visa number, then you are entitled to the three-year extension of your H-1B under AC21 Section 104(c).
Make sure that your employer will agree to file premium processing for your I-140 so that it can be approved before your H-1B expires. Also make sure that they will petition for your three-year H-1B extension. |
| |
Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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