For additional FAQs on PERM and Backlog, please see the links below:
[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Notices]
[Page 11954-11956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr08-104]
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DEPARTMENT OF LABOR
Employment and Training Administration
Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice.
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Published by: The Economic Times: August 01, 2022
Question: I have been in the U.S since 2017, and my F1 visa expires this month due to the 5 year validity period.
Answer: First of all, unless you are traveling, you do not have to renew your visa. If the visa expires while you're still completing your course, it's absolutely no problem.
Read more by clicking the link below or the pdf attachment.
Processing Queue | Priority Date |
---|---|
Analyst Review | December 2021 |
Audit Review | October 2021 |
Reconsideration Request to the CO | March 2022 |
Discussion Topics
FAQs: Changing profession after receiving Employment Based Green Card || Eligibility for the EB-1A extraordinary ability category || The H-1B remainder option: Calculating recapture of H-1B unused time ||
Discussion Topics, Aug 18, 2022
FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
I had a quick question for you. I worked in the US from 2009 to 2012 on an H-1B visa, left the US in 2012, then came back on a new H-1B visa to work in the US from 2014 to 2017, and then left the US again in 2017. So overall, I didn’t use 3 years on both my H-1B visas. Recently I came to the US on an H-1B visa in mid-2022 using the unused 3 years on my most recent H-1B visa issued in 2014. This H-1B visa expires in mid-2025.
(a) Do I need to leave the US for one year after mid-2025 to be eligible for a new H-1B visa, or am I eligible to apply for a new H-1B visa after mid-2025?
(b) Is it possible for me to recapture unused 3 years on my previous H-1B visa issued in 2009 after my current H-1B status expires in mid-2025?
(c) Is the only way for me to extend my H-1B visa status in the US after mid-2025 is to file for PERM ETA 9089 (pending over a year) or have an approved I-140?
Yes, you need to leave the United States because you have a total of six years. You are using the remainder left on that six years. You should have your ETA 9089 (PERM labor certification) pending for over a year, or have an approved I-140. There is no other way to extend this H-1B.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I thought that i might have to go back to India permanently because labor process is taking 12-18 months.Also i filed my greencard after 4 years of my workpermit (H1B).Awesome work by Mr. Khanna, seema & his team .Rajiv Khanna's office handled my case professionally even at this time of recession.
i got prompt responses from seema for all my queries.I want to convey my special thanks to Mr. Khanna and his team.My labor process got approved.