Does my H1-B extension going to be denied based on pending PERM?

[TOM_BHAYYA]

13 minutes ago, President said:

This one year current date is valid on action date

If that is the case 2014 current avvaledhu ga FAD.. so he should be good  for now 

[President]

7 minutes ago, TOM_BHAYYA said:

If that is the case 2014 current avvaledhu ga FAD.. so he should be good  for now 

If it gets current next month then his clock ticks from then

[President]

13 minutes ago, csrcsr said:

Bro 1 year vastadi kada ??? Pakka

Pakka ante depends on how you document ur case. Rule aithe ledhu should give ani 

[TOM_BHAYYA]

1 minute ago, President said:

If it gets current next month then his clock ticks from then

6 months undhi.. might not move for 2,3 months emo… 

[csrcsr]

1 minute ago, President said:

Pakka ante depends on how you document ur case. Rule aithe ledhu should give ani 

So fad current undi snuko uscis odu gc ivadam kedu snuko from ine year we cannot transfer job in h1??

[President]

2 minutes ago, csrcsr said:

So fad current undi snuko uscis odu gc ivadam kedu snuko from ine year we cannot transfer job in h1??

If you file 485 then no issue on getting h1 extension.. current undi file cheyakapothey, it goes as u don’t have intention to apply green card and so ineligible to get h1 ext on 140

[csrcsr]

Just now, President said:

If you file 485 then no issue on getting h1 extension.. current undi file cheyakapothey, it goes as u don’t have intention to apply green card and so ineligible to get h1 ext on 140

Oh so vellina company ki usually 3 years tho veltam velinapudu delay cheyakunda within that 3  years perm techukovali?? Sorry bro wasn't aware of this

[csrcsr]

54 minutes ago, csrcsr said:

Bro  you atree mixing up things first stay calm your h1b extension has no issues

Let the perm gets approved then u can file 485 either concurrentl( which no one in db suggests because the file goes to lin or src) or first 140 then 485

Sorry @patela_24 I thought 1 year vastadi pakka but @President says otherwise with his experience 

[President]

4 minutes ago, TOM_BHAYYA said:

6 months undhi.. might not move for 2,3 months emo… 

Ya ..but by the time h1 expiry and his dates are current for more than year , he will fall in this rule 

[President]

5 minutes ago, csrcsr said:

Oh so vellina company ki usually 3 years tho veltam velinapudu delay cheyakunda within that 3  years perm techukovali?? Sorry bro wasn't aware of this

True when your dates are current … lekapothe this dilema will continue 

[dkchinnari]

13 minutes ago, csrcsr said:

Oh so vellina company ki usually 3 years tho veltam velinapudu delay cheyakunda within that 3  years perm techukovali?? Sorry bro wasn't aware of this

only filing adha current in his scenario...not gc date...

[President]

1 minute ago, dkchinnari said:

only filing adha current in his scenario...not gc date...

Yes and he was asking for 2023 time. Apatiki he may be in current for more than a year the way dates are moving. 

[patela_24]

1 hour ago, President said:

I went through same situation and panic as I didn’t get help who went into this scenario. Reached out to different attorneys who had different answers.

My PD current more than two years but my perm delayed by new employer by the time my first extension is due. Rfe ichadu and then came to know about this rule. Rfe as usual why 485 not submitted. Ma vallu aa patha job (old employer) ledhu to apply now and new one perm is going on ani asked. Naku telisi idhi exception 1 year extension ichadu and for sure ipudu Nenu apply cheyali. Got perm and doing next steps. 
 

you won’t get much help but i had same questions too whether I will be exempt or non exempt. Other option is be on some dependent visa if you have any and apply h1 as and when 485 is submitted or last lo regular lo h1 vesi query vachetapatiki  485 vasthundi emo.. ledhante na la 1 year vasthe u r safe considering taking 2 years time for perm end to end.

dm me if u have questions 

 

Thanks bhayya... naa issue exact ga artham chesukunnav... inko 4-6 months lo dates current ayithe, I can't apply I-485 as my perm would be still in process... so in extraordinary situation beyond control, atleast H1B extension one year increment vachina nettukaraavachu....

if you don't mind, I'll DM you and willing to talk for few mins please. thanks again.

[patela_24]

What is the difference between "Final Action Dates" and "Dates for Filing".

1. Is it accurate to say that my priority date being from March 2014 is NOT current yet based on the FAD EB2 chart still in May 2013?

2. Or, is my Priority date March 2014 already current with the Dates for filing chart at September 2014 at this point. 

If 1. is an accurate statement, and lets say if FAD dates doesn't move a lot by H1-B extension timeframe next year (or retrogress) prior to my PD March 2014, then I'd still qualify for H1-B extension saying my priority date is not current yet? 

please, koncham suggestions ivvandi... I'm kind of lost with this ... I'll raise these points with the attorney today but need experienced people's suggestions here ... 

 

[Picheshwar]

11 hours ago, patela_24 said:

idhi na background-

1. Employer A nunchi I-140 EB2 lo PD March 2014 undhi

2. Employer B ki moved with current H1-B valid until Sep 2023. But they delayed on starting on my PERM application. Finally koncham traction vachindhi and they're going to get with attorney to start the PERM process ASAP. Prevailing Wage Determination inka start cheyaledhu

3. Lets say, PERM process inka pending untey, for ex: even until July/Aug 2023, then would this become a problem for filing H1-B extension. 

 

Already priority date current undhi according to April 2022 VISA bulletin i.e. Sep 2014 in "Dates for filing" table (my pd: March 2014)...Online lo ee issue scenario gurinchi search chesthey, noticed that H1-B extension beyond 6 years requires I-485 to be filed before 365 days with current employer ani undhi in order to qualify for one year increments.... worst case lo does this mean, my H1-B extension doesn't qualify if I won't be in a position to apply I-140 with PERM still pending before H1-B extension cutoff due date.  ?? mothanikey U.S vadhili India ki vellalsi vasthadha?? or, can I still qualify for H1-B extension atleast in one year increments next year stating the PERM process still pending with Department of labour although the priority date is current at that point of time??

asalu burra pani chesthaledhu ee scenario gurinchi aalochisthuntey... koncham experienced people, please share your inputs.... repu attorney thoti call undhi, and will discuss on the same 

What if you are unable to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current, such as the situation when you are no longer with the employer that sponsored your labor certification and I-140 petition?

According to the regulations revised in 2017, an H-1B worker is generally ineligible for continued extensions beyond the six year limit if he or she is the beneficiary of an approved I-140 immigrant petition and fails to file an adjustment of status application within 1 year of an immigrant visa being authorized for issuance based on his or her preference category and country of chargeability. However, USCIS may excuse a failure to file in its discretion if the H-1B worker establishes that the failure to apply for adjustment of status was due to circumstances beyond his or her control.

Where the adjustment of status could not be filed because the H-1B worker is no longer with the original sponsor, it will be up to the discretion of USCIS to decide whether this qualifies as a circumstance beyond the worker’s control in order to grant a one-year H-1B extension. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee.

Also note that if the accrual of the 1-year period is interrupted by the unavailability of an immigrant visa, such as when a priority date becomes current and later retrogresses, a new 1-year period starts when the priority date becomes current again.  

 

https://www.rnlawgroup.com/my-priority-date-is-current-am-i-eligible-for-additional-h-1b-extensions/#:~:text=In order to be eligible,of H-1B time%2C and