us_cm Posted September 22, 2014 Report Share Posted September 22, 2014 Hi Experts, I will be completing my H1B 6th year in November second week. My PERM was filed before completion of 5th year and it is approved recently. I filed I140 in regular processing on the advice of my employer. Now the big question is am I am eligible for 1 year extension. If yes, will it be based on: PERM approved and filed before 365 days. Or. PERM approved (filed before 365 days) and pending I140. Please advice. I checked other posts in this forum and found that one will be eligible for extensions beyond 6th year based on following rules. A PERM labor certification application has been filed and is pending (but not yet approved) for 365 days = eligible for a 1 year H-1B visa extension. A PERM labor certification application has been approved and a subsequent I-140 petition has been filed and is pending (but not yet approved) for 365 days = eligible for a 1 year H-1B visa extension. A PERM labor certification application has been approved and a subsequent I-140 petition has been approved (and priority date is not yet current) = eligible for a 3 year H-1B visa extension. I will not be eligible based on 1 & 3 points. But point 2 is what confuses me. Does point 2 mean that even I140 should be filed before 365 days and is pending? Please clarify. Thanks. Link to comment
jairichi Posted September 22, 2014 Report Share Posted September 22, 2014 A PERM or I-140 pending for approval for more than 365 days will make you eligible for 1 year extension. Or an approved I-140 will get you 3 year extension. Otherwise NO. Link to comment
us_cm Posted September 23, 2014 Author Report Share Posted September 23, 2014 A PERM or I-140 pending for approval for more than 365 days will make you eligible for 1 year extension. Or an approved I-140 will get you 3 year extension. Otherwise NO. Thanks Jairichi for the reply. But in my case will I be eligible for 1 year extension or not. Since my PERM is approved and the I-140 is filed but it is not pending for more than 365 days. Link to comment
jairichi Posted September 23, 2014 Report Share Posted September 23, 2014 Thanks Jairichi for the reply. But in my case will I be eligible for 1 year extension or not. Since my PERM is approved and the I-140 is filed but it is not pending for more than 365 days. Unfortunately NO. Link to comment
mohanbabu400 Posted October 22, 2014 Report Share Posted October 22, 2014 Here are the infomation on h1b extensions beyond 6years http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/ Why don't you upgrade your i-140 for premium processing? Link to comment
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