H1B 6year extension question

[sp.dev]

Hello, 

 

I am H1b 6years will expire on Nov 2015. I have not filed my PERM (Labor) yet. Based on 365 days rule, do I still have time before Nov 2014 to file PERM ?

 

Even if its pending by April 2015, Can I file for extension or do I have to wait until Oct 2015 to file for extension?

 

Thanks,

Dev

[jairichi]

Employer can initiate PERM anytime.

On what basis will employer file for extension in April 2015? Only if PERM is pending for more than a year an extension can be requested.

[itsmeusa]

No, you don't have enough time on hand. But still go ahead and file PERM. If approved within 1 yr, file I-140 in premium. Getting started is the key.

[sp.dev]

I understand now, that I cannot file extension for April 2015.

 

Lets say if I file now and my labor is pending till next october, I can file an extension in premium after october right?

 

In case, labor gets approved in next 6months, I can file for extension (since my labor was applied beyond 1year) or go for I-140 and then file for extension, correct ?

[jairichi]

I understand now, that I cannot file extension for April 2015.

 

Lets say if I file now and my labor is pending till next october, I can file an extension in premium after october right?

 

In case, labor gets approved in next 6months, I can file for extension (since my labor was applied beyond 1year) or go for I-140 and then file for extension, correct ?

 

With a PERM pending for more than a year one year extensions can be requested.

Approved PERM does not make you eligible for an extension. I-140 pending for more than a year or approved I-140 can get you extension.

[itsmeusa]

H1b extension beyond 6th year is possible only under 2 circumstances - PERM is pending for more than 365 days OR I-140 is approved.

 

There is no rule / law that gives H1b extension just because I-140 is pending for more than a year.

[itsmeusa]

I just read on the USCIS memo that indeed one could request 1 yr extension if I-140 (immigrant petition) is pending for more than 365 days. I never knew this before.