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H1B expiring - PERM approved - I140 filed

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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.

 

  1. 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.
  2. 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.
  3. 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.

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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.

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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.

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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.

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