JK28 Posted March 21 Report Share Posted March 21 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? Quote Link to comment
Attorney_10 Posted March 28 Report Share Posted March 28 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/ Quote Link to comment
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