H1B 7th year extension with Pending PERM


Recommended Posts

Hi , 

My H1B maxout date is 6/25/2023( with recapture) , employer filed my PERM on 6/10/2022 . Recently my PERM got denied with H10B reason and my employer filed for reconsideration. 
Am I eligible to apply for 7th year extension after 6/11/2023? 
Also , while I am on my 7th year extension, am I eligible to get 3 year extensions if I 140 is approved?

Link to comment

H1-B workers who are beneficiaries of a pending PERM labor certification filed more than 365 days before the expiration of the individual’s 6th year of H1-B (including recapture time) are eligible for one-year H1-B extensions. If the labor certification was denied and a motion for reconsideration was timely filed, then the labor certification is considered to be pending until a final decision is made. Therefore, the H1-B beneficiary in such a case would be eligible to extend the H1-B for one year if the extension is filed before the expiration of the individual’s H1-B status.

Once an H1-B worker has an approved I-140, the individual is eligible for three year extensions until the individual’s priority date becomes current.

Every case is different. Therefore, prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach. https://www.murthy.com/client-services/hire-us/

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.