PERM Processing in 5th year with H1B visa expiring in 6 months

[Dineshoffc]

I have a situation on my PERM processing. I'm on a H1B visa at the end of the 5th year. My visa stamp is expiring 17 Dec 2017. I have potentially another H1B extension for 10 months (including maxout)...

My company is willing to start the PERM processing. But how will my current H1B Expiry date (17 Dec 2017) affect it ?

What are my options here ?

1) Should the company start with PERM

2) Should they file for H1B Extension normally and then start my PERM (risk of PERM start, as H1B extension processing times are higher now)

3) Can they file PERM and request for H1B extension NOT on the status of PERM.

Any other options ?

[Ask@Murthy]

On ‎4‎/‎11‎/‎2017 at 10:22 AM, Dineshoffc said:

I have a situation on my PERM processing. I'm on a H1B visa at the end of the 5th year. My visa stamp is expiring 17 Dec 2017. I have potentially another H1B extension for 10 months (including maxout)...

My company is willing to start the PERM processing. But how will my current H1B Expiry date (17 Dec 2017) affect it ?

What are my options here ?

1) Should the company start with PERM - Yes, they can.

2) Should they file for H1B Extension normally and then start my PERM (risk of PERM start, as H1B extension processing times are higher now). Should start PERM ASAP. Ideally, PERM should be filed before 365 days of your max out period (ie., before end of 5 years). Later they can file your extension either in PP or regular processing. PERM and H1 are 2 different things and are NOT dependent on each other.

3) Can they file PERM and request for H1B extension NOT on the status of PERM. - PERM and H1 are 2 different things and are NOT dependent on each other. File PERM first and apply for extension in PP or regular processing as suspension on PP is temporary for up to 6 months.

Any other options ? If everything goes smooth, you will have I140 approved before your max out and you can extend H1 in future using I140 beyond 6 years.