H1B extension eligibility - PERM approved

[vinay_c2005]

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.

 

 

[jairichi]

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.

[jairichi]

Sorry approved I-140 for the second sentence.

[vinay_c2005]

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....