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Immigration Issues/H1B extension and green card.

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Question
My H1B expire on 01/11/2012 and my family's H4 expire on 09/26/2011, which is earlier than mine. I wonder how I should extend mine and theirs in time. Also, I plan to apply for a green card after I finish school this may with a doctor of physical therapy degree. I read that USCIS is processing PERM quick nowadays, like they are processing last year's december PERM as of 01/03/2011. If I get a health worker certificate by this september, when can I get work permit? I heard that my sponsor should advertise about a position too. Usually how long it takes before a applicant gets a work permit. I think in case I get work permit by this year, I don't have to extend my H1B.

Thank you.

Answer
Hi,

Your family should file H4 extension prior to 09/26/11. I recommend that your family file the H4 extension along with your H1B extension, but note that your employer cannot file H1B extension more than 180 days prior to 01/11/12. In any event, your family must file H4 extension prior to 09/26/11.

PERM is normally certified within one year of filing by the Department of Labor. Then the next steps are filing I-140 and adjustment of status. You can obtain work permit (properly known as EAD, or employment authorization document) only when the priority date is current. Information about priority dates is here: www.h1b1.com/visawaiting.htm and about PERM here: www.h1b1.com/laborcert.htm

You should maintain H1B status at least until issued EAD, but EAD application can be filed only at the adjustment of status stage when the priority date is current.

You can email info@h1b1.com or call 212-268-3580 during business hours for legal service proposal from our law firm without obligation if your employer allows you to select your own attorney to prepare H1B or GC case. You require the employer's support as any filing requires the employer's signature.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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