H1-B Visa Extension while PERM is pending

[Abby11]

Hello All,

I am currently on H1-B visa that is valid until June-20-2018 (I94 date is also June -20-2018).

My Employer is planning to file the extension for 3 months in premium sometime in First week of April since that is the max time left on H1-B visa to complete 6 years (to capture amount of time I have been outside the US).

My PERM was filed on Sep,1,2017 and is currently under Audit.

If everything goes fine and my extension is approved, my employer will file for another 1 year extension after Sep-1-2018 based on Pending Perm for 365 days.

My questions are:

1) If at all my H1-B Extension is denied sometime in April,2018, do I need to leave the country in 15days? Or can i still work until I have valid stamped visa i.e. June, 20,2018 (My I-94 is also valid until June-20-2018)?

Does the Denial on extension override the current valid H1-B visa?

My Employer Visa team is saying that irrespective of my visa expiry date in June,2018, the most recent decision of the H1b extension denial will supersede my legal status in the U.S up to June 2018.

As per my understanding and online research, I can stay until I have the valid stamped visa with Valid I-94.

Will this create any problem in my GC process (PERM and I-140)?

2) If at all my H1-B Extension is denied sometime in April ,2018, Can we still ask for 1 year extension after Sep 1,2018 based on Pending Perm for 365 days using the existing H1-B? Or I need to apply for a Fresh H1-B in the lottery and then only we can ask for extension?

3) My Employer visa team is saying we need to wait for I-140 approval instead of asking for H1-B extension in case of Denial on H1-B Extension.

Is that correct? Can we ask for H1-B Extension based on Pending Perm?

4) My Employer is asking for only 3 months extension (to capture amount of time you have been outside the country) now and later ask for 1 year extension after PERM is pending for 365 days (after Sep 1, 2018). But based on the USCIS rule that I read online, we can ask for 3months + 1 year extension together because my PERM will have been pending for at least 365 days prior to the H1-B extension requested start date.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm051205.pdf

Refer page 8, Answer to question #2

Please let me know if my understanding on the above point is correct or not?

 

Please provide your feedback on the above questions.

[Abby11]

Please provide feedback.

[ramuka]

1) If at all my H1-B Extension is denied sometime in April,2018, do I need to leave the country in 15days? Or can i still work until I have valid stamped visa i.e. June, 20,2018 (My I-94 is also valid until June-20-2018)? --You are leagl to work until stamped date. Extention is effective only after.

Does the Denial on extension override the current valid H1-B visa?

My Employer Visa team is saying that irrespective of my visa expiry date in June,2018, the most recent decision of the H1b extension denial will supersede my legal status in the U.S up to June 2018.

 

As per my understanding and online research, I can stay until I have the valid stamped visa with Valid I-94.

Will this create any problem in my GC process (PERM and I-140)?

2) If at all my H1-B Extension is denied sometime in April ,2018, Can we still ask for 1 year extension after Sep 1,2018 based on Pending Perm for 365 days using the existing H1-B? Or I need to apply for a Fresh H1-B in the lottery and then only we can ask for extension? To my knowledge Yes cz you seem to file Perm 365 days before 6 year MPS.

3) My Employer visa team is saying we need to wait for I-140 approval instead of asking for H1-B extension in case of Denial on H1-B Extension.Its a good bet if your company process I140 in premium , then you can get 3 years. 

Is that correct? Can we ask for H1-B Extension based on Pending Perm? -Yes

4) My Employer is asking for only 3 months extension (to capture amount of time you have been outside the country) now and later ask for 1 year extension after PERM is pending for 365 days (after Sep 1, 2018). But based on the USCIS rule that I read online, we can ask for 3months + 1 year extension together because my PERM will have been pending for at least 365 days prior to the H1-B extension requested start date. --Not sure

[Sachi_08]

Hi Abby11,

am also in similar situation .

You mentioned "My PERM was filed on Sep,1,2017" Labor certification, commonly known as PERM, is a multi-step process .

Do you filed ETA Form 9089 on Sep 1 2017 or PWD Request  ?

 

please reply 

Labor Certification Step One: PWD Request
Labor Certification Step Two: Placing Ads and Recruiting
Labor Certification Step Three: Filing ETA Form 9089