7th Year H1B extension(post H1B max-out) by just based on approved PERM and before filing i140

[PermAwaiting]

Hello Sir/Madam,

Are we eligible for 7th year H1B extension(post H1B max-out) by just based on approved PERM if PERM was filed 365 days before max-out(i.e., in 5th year)? I was thinking that either PERM or i140 should be in pending status to be able to apply for H1B extension. The question is will one be eligible to get 7th year H1B extension by just based on approved PERM(if filed 365 days before) before filing i140?

Appreciate all your help

[pontevecchio]

It is not possible. But it may be possible to file I-140 with Premium Processing. You should ask the relevant lawyer.

[PermAwaiting]

Thanks sir..
My employer is not ready to file I140 in premium.. If they file i140 in normal processing, will i be eligible to get 7th year H1B extension as i140 is applied and in pending status..

Appreciate all your help

[Ken7]

On ‎8‎/‎27‎/‎2018 at 8:05 PM, PermAwaiting said:

Thanks sir..
My employer is not ready to file I140 in premium.. If they file i140 in normal processing, will i be eligible to get 7th year H1B extension as i140 is applied and in pending status..

Appreciate all your help

H1-B extensions can only be applied when:

1) PERM or I-140 is pending for 365 days. (1-year extension)

2) PERM AND I-140 are approved. (3-year extension)

Just having PERM approved or I-140 in processing (< 1 year), does not allow extension of H1-B.

 

 

[Shan1]

My 6 years in H1B ends on March 2019 and my H1B extension is applied in normal process after the i-140 approval, can I be eligible to stay for a max of 240 days till i get a update on my case?

[rohit369]

On 8/18/2018 at 2:11 AM, PermAwaiting said:

Hello Sir/Madam,

Are we eligible for 7th year H1B extension(post H1B max-out) by just based on approved PERM if PERM was filed 365 days before max-out(i.e., in 5th year)? I was thinking that either PERM or i140 should be in pending status to be able to apply for H1B extension. The question is will one be eligible to get 7th year H1B extension by just based on approved PERM(if filed 365 days before) before filing i140?

Appreciate all your help

The best option here would be to apply for I-140 in PP and get it approved and then apply for H1 in PP based on I-140 and get it approved.

Thats what I did when I was in the same situation in 2015.

[rohit369]

On 3/9/2019 at 7:52 PM, Shan1 said:

My 6 years in H1B ends on March 2019 and my H1B extension is applied in normal process after the i-140 approval, can I be eligible to stay for a max of 240 days till i get a update on my case?

Yes