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Shouvik Sett

H1-B Extension process based on PERM Filed with Priority Date

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HI ,

I am from India working on a software MNC, was on H1-B and travelled to USA on Nov 25, 2013 after that I had couple of I-94 extensions which was valid till May 26, 2018.

I was left with 1.6 yr of H1-B quota for which an extension was filed on March, 2018 but that ended up in a denial on August, 2018  and I returned back to my home country and working for the same Employer from offshore location.

But my Employer filed PERM for me once I am in India and got the priority date of 10/29/2018 which is more that 365 days from my actual MaxOut Date of Dec, 2019 for which my last extension was filed and got denied.

Now as per my Employer Attorney since my PERM was filed 365 days prior to Max Out Date, I can request for one year H1-B Extension post Maxout date.

So my question is considering the above scenario. If I file for a H1-B Extension under Cap Exempt category for one year extension, are they going to give me only one year extension post maxout date or will re-capture the time left in my H1-B Quota + one year extension requested ? How will it work considering I am in India and currently having no valid status.


The PERM which was filed on 10/29/2018 has been certified and my employer is going to file I-140 for me in next few months and will be followed by a 3 yr H1-B Extension if my I-140 gets approved.

Now should I go for a 3 yr H1-B Extension based on I-140 approved or go with 1 yr extension process as mentioned above ? Which will be the safe option to go for considering H1-B Extensions get denied frequently nowadays ?

Please respond back to the above concern.


Edited by Shouvik Sett

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Approved PERM gives you no benefits. Once the I-140 is approved the employer can file a H1 petition for you up to three years.

The only problem will be overcoming the reason why the H1 extension was denied.

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