I am a public school teacher in my 6th year. My H1B is expiring May 2, 2014. My district did PWD and is going to file PERM in two weeks. Is that late?

Answer:

To be really safe to legally remain on H1B status, without interruption, the PERM case should have been started much earlier. Ideally, the employer should have taken steps to file the PERM at least 365 days before the H1B six-year expiration point. Since it is already Feb 2014, is too late for the 365-day option. As it stands, unless the PERM is approved in April, so that the I-140 can be filed and approved before May, the H1B six-year limit will be reached without a way to immediately extend. This assumes there is no recapture time available to extend the H1B beyond May 2014. Plans should be made either to depart the U.S. or to remain in an alternative status. In this situation, a consultation with an attorney to discuss options and timeframes for becoming eligible for more H1B time would be helpful. This is a good example of why the GC must be filed well before the end of the six years of H1B time. (17.Feb.2014)

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