H-1B extension beyond 6 years; Approved PERM; Pending I-140

laskan2k

By laskan2k,
in H1B : General

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laskan2k

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For a person whose perm was filed in Oct 2012 got approved recently after audit. He is going to max out in a couple of months and I-140 has been filed on regular processing.

 

Per attorney, H-1B extension has been filed on premium requesting for 3 years extension beyond 6 years. He was also told he would get a min of 1 year (365 days rule) and a max of 3 years though I-140 is pending.

 

Is it valid? Is he eligible to get extension just with approved PERM? If so will he get 1 year or 3 years?

 

Kindly clarify.

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