Labor Certification (PERM) Open Discussion

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding labor certification i.e., the PERM green card process.

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[ydnan@16]

Hi,

I hear from my friends saying that in case you have only your labor/PERM approved when you are max out of your H1B (Completing full 6 years),  you can extend your H1B for one more year and you can apply and get your I140 approved during your 7th year .

Could you please let me know if this is really true ?

Thanks.

 

[Attorney_22]

On 7/29/2018 at 2:31 AM, ydnan@16 said:

Hi,

I hear from my friends saying that in case you have only your labor/PERM approved when you are max out of your H1B (Completing full 6 years),  you can extend your H1B for one more year and you can apply and get your I140 approved during your 7th year .

Could you please let me know if this is really true ?

Thanks.

 

The rule regarding extensions of H1B beyond the six year limitation is not based on a certified PERM application, but rather when it was filed and if still valid. If it has been 365 days since the PERM application was filed and it is still valid, you can use it as a basis for an H1B extension of one year. In many situations it is easier to use an I-140 approval notice for eligibility of an extension of up to three years. To discuss this in detail, feel free to schedule a call with an attorney in our office.