H1 extension - Perm Application

[swami_v]

Hi There,

My 6 year H1 limit expires in Oct 2012. My current employer is on track to file my PERM by mid July of 2011. If I switch jobs after the PERM is filed with my current employer, will my new employer be able to extend my H1 past Oct 2012 when they file for the H1 transfer, since my PERM has been filed more than 365 days before the 6th year expiry by my current employer?

Thanks in advance for your help,

Swami

[redgreenbluee]

please consult a lawyer.

it depends, the rule does not meant only being "filed" on LC PERM. you need to have LC PERM pending (or approved and not expired) for at least 365 days to be eligible for H1 extension beyond 6 years. approved LC is only valid for 180 days for I-140 application.

you can also apply H1 extension beyond 6 years when you have an approved I-140.

Originally posted by swami_v:

Hi There,

My 6 year H1 limit expires in Oct 2012. My current employer is on track to file my PERM by mid July of 2011. If I switch jobs after the PERM is filed with my current employer, will my new employer be able to extend my H1 past Oct 2012 when they file for the H1 transfer, since my PERM has been filed more than 365 days before the 6th year expiry by my current employer?

Thanks in advance for your help,

Swami