Filing Green Card in 6th Year


Recommended Posts


I am sure similar topics are being discussed & I read thru in other posts as well. However, I did not get the relevant answer. Here's what's happening with me, if someone can shade some light please -

I am in 6th year of H1-B & I will be completing 6 years in Dec 2012 - Jan 2013. My company is planning to apply for PERM in September 2012.

Couple of questions i have -

  • Will I be able to stay in the US after 6 years if my company apply for PERM in Sept 2012.
  • And if my PERM is pending by Sept-Oct 2012 will they be able to file my H1-B & H4 extensions for the 7th year

Thanks in advance!

Link to comment

Technically, since the PERM green card process is for a future position, it can be started when an individual is in their last year of H1B status, or even if they are out of the country. The question in this case is whether or not the individual will have a basis for extending H1B status prior to their sixth year limitation. Generally, if everything runs smoothly and the PERM application is not audited, from the start of the process to the time the PERM application is certified, is approximately seven to eight months (it may be possible to decrease this time delay but will depend on the specific circumstances of the situation). After the PERM application is certified the I-140 can be premium processed as long as the employer has the original certified application. Therefore, it is unlikely you will have a basis for extension beyond the six-year limitation if the PERM process is started in September 2012 and your H1B limitation expires in January 2013. Thus, it is advisable to speak directly with a qualified attorney experienced in such matters. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

Link to comment


This topic is now archived and is closed to further replies.