Applying PERM 1 month after H1B expires

[sads88]

Hi,

My H1B expires in November 2012 and my firm expects to apply PERM sometime in Dec 2012. I will leave the US in November, but wanted to know if H1B can be extended in this scenario once the I140 is approved.

H1B expired - Nov 2012

PERM application - Dec 2012

Optimistically -if I140 approval comes in by July 2013.

Can I apply for H1B extension?

Thanks,

D.S

[SameerH1Bworker]

Yes

[shandan]

Not sure actually, if it would be considered an extension if your visa is already expired for months prior to your I-140 approval.

Check with an immigration lawyer, if you would have to file for a new H1B or not.

[sads88]

Thanks a lot! I got confirmation that based on AC21 regulations, I can.