Spouse PERM & spouse H1B

[kkinusa]

my wife and I are employed by the same company. I am in my 5th year of H1B as of 2012 and she is in her 2nd year. I have more work experience. Company filed PERM on her name since she has much better educational qualifications than I do. PERM was filed March 2012. My status is valid till June 2013.

Questions:

*) Assuming her PERM & 140 premium get approved by June/July/Aug this year, can my H1B be extended based on that approval? OR

*) Should my PERM be also filed so my H1B can be extended beyond the 6th year (after June 2013) or is it not needed

Thank you

[kalyan_ac]

You cannot use her PERM/I140 approvals for your h1b extension.

File for PERM for you as well before june 2012.

[Jyothis]

You have to get your PERM filed at the earliest if you wish to extend your H1b and stay in US. If you dont file before 365 days prior to your end of 6 year on H1b (which is unlikely at this point, as you are too close to it now), you will need your 140 approved before you can extend your H1b. Please get your company to start the process ASAP. process to get to the filing PERM and PERM application itself is time consuming and you may be able to file premium processing on 140 to get your H1b extended.

Better to start soon, and best of luck!