vinay_c2005 Posted April 16, 2015 Report Share Posted April 16, 2015 Hi There, I have given my current status below, can you please confirm whether I am eligible for H1B extension? - My Perm was filed on Sep 21, 2013 and got approved only on Apr 02, 2015. my Employer yet to file I-140 in premium processing. - I had a H1B visa max-out on May 22, 2014. Hence, I moved to L1A visa effective from Apr 09, 2014 and currently in L1A visa status. - Since I have got my PERM approved. Am I eligible for extending my H1B (Non-cap exempt) beyond 7th year? This is urgent as I am working with employer & immigration attorney to move ahead. Appreciate your response on the same. Thanks, Vinay. Link to comment
jairichi Posted April 16, 2015 Report Share Posted April 16, 2015 An approved PERM does not give you an extension. an I-140 pending for more than a year or an approved PERM will get you extension. Link to comment
jairichi Posted April 16, 2015 Report Share Posted April 16, 2015 Sorry approved I-140 for the second sentence. Link to comment
vinay_c2005 Posted April 17, 2015 Author Report Share Posted April 17, 2015 Thanks Jairichi... I have couple of follow up questions, - My employer is about to file I-140 in premium processing. But I may not get any update before my max-out date(May 12, 2015), hence I need to move back to India. If I get I-140 approval, will I be able to use H1b (Cap-exempt) or need to process a new H1b next year (subject to cap) since I have used 6 years. - Also, PERM pending for more than 365 days rule will be considered against my H1B max-out date (05/22/2014) or based on current L1A visa max-out date? I saw in a similar post, http://forum.murthy.com/index.php?/topic/87580-h1b-based-on-pending-perm-from-india/ where you have mentioned L1A stay does not impact on it. Can you please confirm? Thank you.... Link to comment
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