H1B 7th year Extension while PERM is pending

[Mahe15]

Good morning,

 

My H1B caps out in Dec 2023. My perm was applied in Feb 2023 and is about (atleast) 5-6 months away from getting approved. Can the H1B be extended for the 7th year in this case once the 365 day clock is up?? Is there a way to expedite the approval of the PERM application? 

 

Thanks

Mahesh

[Attorney_6]

There is unfortunately no way to expedite a PERM certification. Yes, a 1 year H1B extension can be requested based on having a PERM that has been pending for at least 365 days. 

[Tanzo]

On 10/3/2023 at 8:31 AM, Attorney_6 said:

There is unfortunately no way to expedite a PERM certification. Yes, a 1 year H1B extension can be requested based on having a PERM that has been pending for at least 365 days. 

Hello, for your last line, 'PERM that has been pending for at least 365 days' , even if your H-1b getting max out before that?

so Existing H-1b max out date: 10 Feb, 2024

perm filed: 28th March, 2023

Am I still eligible for 7th year extension in 2024 , if I won't get my perm approved by 28th March 2024?

[Attorney_6]

Yes, you are eligible for the 7th year extension end of March 2024. However, there is a gap there of over a month so how to go about filing for the extension without having to depart the U.S. is a discussion you need to have with an attorney regarding your specific case and any options available to you.

[Tanzo]

Thanks for your reply and for that gap, I am planning to go out of the USA and once perm gets approved or as you confirmed, > 365 days [apply for 7th year extension]. I think that would be good!