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7th year H1 extension based on Approved PERM possible? 7th year H1 extension based on Approved PERM possible?
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Old 03-17-2009, 01:20 PM
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Default 7th year H1 extension based on Approved PERM possible?
My 6 years of H1B expires next month (April 2009). My PERM labor was applied in Feb 2008 and got approved last week. My question is, can I apply for 7th year H1B extension based on the approved PERM (since it was filed more than 365 days ago)? Attorney says there is not enough time to file I-140 and get it approved (even with Premium processing) before my H1 runs out next month.
From my research online there are two options to extend H1 beyond 6 years:
- PERM pending for more than 365 days, or
- I140 approved

What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?

Gurus I'd really appreciate your inputs here!!
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  #2 (permalink)  
Old 03-17-2009, 02:17 PM
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Quote:
Originally Posted by hotshots View Post
My 6 years of H1B expires next month (April 2009). My PERM labor was applied in Feb 2008 and got approved last week. My question is, can I apply for 7th year H1B extension based on the approved PERM (since it was filed more than 365 days ago)? Attorney says there is not enough time to file I-140 and get it approved (even with Premium processing) before my H1 runs out next month.
From my research online there are two options to extend H1 beyond 6 years:
- PERM pending for more than 365 days, or
- I140 approved

What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?

Gurus I'd really appreciate your inputs here!!
You are good to extend your H1B for 1 year.

You are eligible for premium I-140. If you have given exact date on your H1B expiry then I would have answered whether you can get I-140 approved before applying for H1B.

The benefit of applying H1B extension with I-140 approval is that you can get 3 years.

Now you can still get your H1B extended for 1 year. No second thought on that, don't worry too much on that. The PERM need not be pending for 365 days, it can be approved. The rule is you should have applied for PERM 365 days before asking for H1B extension, which is true in your case.

Good luck.

-Raj
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  #3 (permalink)  
Old 03-17-2009, 02:23 PM
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Actually yes you do fall under the 2nd Section in the link I posted. I stand corrected.
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