H1B 7th yr extension- PERM approved, I-140 pending

[sb1]

My 6 year timeline for H1-B ends on January 30, 2013. My PERM was filed on April 21, 2012 which was later approved. I-140 was applied in September 2012 and it is still pending. My company applied for premium processing of I-140 this month and the USCIS has started the 15 day timeline to respond starting January 11, 2013. Please suggest me options for my H1-B extension.

1. Will I be eligible for 1 yr extension based on approved PERM? If yes, should my company file the extension paperwork asap and not wait for I-140 to be approved?

2. What are my legal options if I-140 is not approved before January 30, 2013? Should I fly back to India, wait for all the paperwork to be ready and then apply for visa from India?

[pontevecchio]

1. NO....

2. Wait for September,2013 or till the I-140 is approved to file the H1 extension.

[sb1]

Thank you.

[DKPK]

Hello sb1,

what did you do? Did your I140 get approved or what did you do? Iam in the same boat..My H1 B is going to expire in May 2013...still now I 140 is not approved...waiting for the approval..So please let me know..

Thanks

DKPK

[ansari10]

Hi, I am in same situation now, PERM was applied in Sept 20, 2013 , got approval in April 2014, applied for I-140 in regular process based on attorney's advice as there was 8 months left to reach mx out date 1/1/2015 but now it seems wrong decision and still waiting for more than 6 months, only 45 days left in H1B, am i eligible for H1B extension for 1 year now with approved PERM and pending I-140 as priority date is 365 days old ,i.e PERM was filled on Sept, 20, 2013 ? or do I wait for I-140 approval?

[ansari10]

Just wanted to update - i got 7th year extension approved, still my I-140 pending.