h1 extension on approved Perm


minion05

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Hi,

 

 

My perm was applied on July - 2013 and approved last week. My h1 expires on June - 2014.

 

(Point from above statement is, my perm was not filed within 365 days of h1 expiry). 

 

Am i eligible for 1 year h1b extension based on approved labor?

 

My employer and attorney says that i am not eligible for 1 year extension because my labor was not filed within a year of h1 expiry (365 days rule).

 

My employer and attorney says that i have to file I-140, once approved then eligible for 3 yrs h1 extension.

 

Are the above statements correct?

 

Thanks People

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Hi,

 

 

My perm was applied on July - 2013 and approved last week. My h1 expires on June - 2014.

 

(Point from above statement is, my perm was not filed within 365 days of h1 expiry). 

 

Am i eligible for 1 year h1b extension based on approved labor?

 

My employer and attorney says that i am not eligible for 1 year extension because my labor was not filed within a year of h1 expiry (365 days rule).

 

My employer and attorney says that i have to file I-140, once approved then eligible for 3 yrs h1 extension.

 

Are the above statements correct?

 

Thanks People

Your attorney is correct. Extension can be filed on PERM pending for more than 365 days or on an approved I-140.

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