1 year/3 year extension eligibility rule for H1B during PERM?

[hary536]

Hi,

Can anyone tell me what is the rule about eligibility for H1B extension for 1 yr/3 yr

while you are in PERM process?

For example:

My H1B started in 09/2011.

6 yr expire in 09/2014.

My PERM application will be filed in 4-5 months, let's say for example: June 2013.

Will I be eligible for 3 year extension if due to any reason, if my PERM is still pending in 09/2014.

(I know, if my I-140 is approved before 09/2014, I am eligible for 3-yr extension).

Also, if I have about 5 months of time-recapture remaining,(all of which was accumulated before mid-2011),

then if I re-capture that time at the end of 6 year, does that off-set my actual H1B year count?

Meaning:

Theoretically, my H1B 5th year started in 09/2012. But if I add 5-month of time-recapture in 2014, does it mean

that legally, my 5th year started in 02/2013?

Thanks for your advice.

[Jyothis]

As long as your perm was filed 365 days prior to the 6 year cut off or if your 140 was approved before the expiry, you should be able to file for the visa extension.

you could ask for filing 140 on premium, if you get your PERM approved and still doubtful about the time. 140 on premium is usually fast

[hary536]

As long as your perm was filed 365 days prior to the 6 year cut off or if your 140 was approved before the expiry, you should be able to file for the visa extension.

you could ask for filing 140 on premium, if you get your PERM approved and still doubtful about the time. 140 on premium is usually fast

Hi,

Thanks for the reply.

I am interesting in know that if my PERM was filed 365 days prior to the 6 year cut-off and if I-140/PERM is still pending, would I be eligible for 3 year

extension or 1 year?

Do you have any idea?

Thanks.

[catx]

If a PERM labor certification application is approved and the subsequent I-140 petition has been filed but not approved and not itself pending for 365 days, then there is no basis for a H-1B visa extension. In other words, after PERM labor certification application approval the only options for H-1B visa extension are (1) the I-140 petition is filed and approved, or (2) the I-140 petition is filed and is pending for 365 days. (An PERM labor certification application approval by itself does not qualify for a H-1B visa extension.)