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GC PERM filed in 6th year of H1, if PERM goes audit / pending, what are best possibities to get 7th year extention

Farmington, MI |

H1 5 yrs comleted on 2nd Jan 2013, incl. re-cap period (time spent outside US).

Employer filed PERM on 12th Jan'2013, This is 10 days short to 'PERM filing prior to 365 days' rule, to get 7th year H1 extension incase of pending PERM.

I am thinking there will be two options in the case of pending PERM. Pls suggest if any other option available in case of pending PERM.

Option 1. Going out of US (between PERM filing date and end of 6 yrs) and can coming back after 1-2 weeks, so that I can get 7th year while i am in US...I prefer this, if this is correct / possible option.

Option 2. Going out of US at end of 6th year and spending lag time (1-2 weeks) and applying H1 extn while I am out side of US based on pending PERM?

Attorney Answers 3


  1. You should talk to your employer's attorney. They have to be on board with the plan as well. I would go with option 1 if possible, in my opinion.

    My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations.


  2. You should talk to your employer's attorney. They have to be on board with the plan as well. I would go with option 1 if possible, in my opinion.

    My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations.


  3. Option 2 is not feasible. You cannot seek extension of status if you are outside U.S. You can only extend your stay while maintaining status in U.S.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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