PERM process

[nelly56]

Hi All,

I am in the 5th year of my H1b visa and my six year cap finishes on December 2012.

Is it too late to initiate my Green card process? My company is doing the paperwork for PERM, but they seem to be taking a lot of time.

Thanks

[Attorney_22]

Generally, pursuant to the provisions regarding extensions of H1B status beyond the normal six year limitation, an I-140 petition filed on a beneficiary’s behalf in the first three employment categories must be approved and that beneficiary must be eligible to adjust status but for the per country limitations before the beneficiary is eligible for a post six year extension, or alternatively, if 365 days have lapsed since the filing of a labor certification (unexpired and unrevoked) or an immigrant visa petition on the beneficiary’s behalf. If either of these conditions is met you will be eligible to extend your H1B status beyond the normal six year limitation. If you have further questions regarding these issues please contact a qualified U.S. immigration attorney directly.