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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106319
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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This question is regarding H1B visa extension year with an

Customer Question

This question is regarding H1B visa extension for 7th year with an approved PERM.
PERM was applied on Nov 2014.Audit received & responded May 2015.
Visa extension was applied in July 2015 for 6th year reamining term and 7th year as PERM was pending.
PERM got approved on Feb 4, 2016 and H1B extension approved on FEB 23 until NOV 2015 (already expired).
Unaware of the approval validity, cotinued working until receipt of approval notice on March 3 , 2016.
The person currently being in US and out of status since NOV 2015( eventhough with a pending H1B approval),
what is the best option right now for this party ?
Submitted: 10 months ago.
Category: Immigration Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

So they have been out of status for over 3 months, but has their I-140 been filed and approved yet?

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

The best option is often not the most convenient one or even the safest one. It would be to leave the U.S. and get new H-1B visa stamping outside with a one year extension if the PERM has been pending longer than 365 days. If they have an approved I-140, they can get a 3 year extension.

They could try for a nunc pro tunc H-1B approval from within the U.S., but if they fail, their unlawful presence in from November 2015 and a decision will take them well past the 180 day unlawful presence mark which would activate the 3 year bar if the nunc pro tunc is denied and that means if they leave the U.S., they cannot come back for 3 years without a very hard to get waiver. So this is why it may be more prudent to leave and get new H-1B visa stamping.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello Leela. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!