[ghirni]

Hi Peter!

Thanks for doing this! 2 questions from me: 1. If the company is not able to file PERM successfully due to the layoffs and once the H1b expires. Is it possible to extend the H1b after 6 years eventhough there is no PERM filed?

2. Can companies not absolutely file for PERM during layoffs or is there like a georgraphical restriction/meaning certain number of miles that they should look at to determine if layoffs have happened? Is there a fixed number of miles/radius?

[proberts]

1. No. An H-1B can only be extended beyond the 6-year max-out period by recapturing time spent outside or by being in the green card (and being far enough along in this process). 2. For layoffs to be relevant - that is, for them to impact an employer's ability to file PERM applications - they must be in the same or similar occupation as the sponsored PERM occupation and be in the same geographic area.

[ghirni]

Thanks a lot! a follow up on (2) - what does a "geographical area" mean. Like would Houston and Austin be in the same geographical area? Is there certain miles radius a cut off or entire state?