H1-B extension in 9th year with new employer

[kishankulkarni]

Hi All,

 

I left my job in the 7th year based on a 3 yr extension beyond the 6th year, that I had from my previous employer. I have a 3 yr H1-B from my new employer and my new employer is working on the LC filing, but having issues getting the certification from the labor department that will be used to file the PERM petition.

 

I have only about 14 months left on my H1-B. Will I get a H1-B extension even if my PERM petition has not been filed 365 days before the H1-B expires? Does the 365 day rule apply for H1-B extension beyond the 6th year?

 

Any expert opinions, thoughts will be appreciated.

[jairichi]

Hi All,

 

I left my job in the 7th year based on a 3 yr extension beyond the 6th year, that I had from my previous employer. I have a 3 yr H1-B from my new employer and my new employer is working on the LC filing, but having issues getting the certification from the labor department that will be used to file the PERM petition.

 

I have only about 14 months left on my H1-B. Will I get a H1-B extension even if my PERM petition has not been filed 365 days before the H1-B expires? Does the 365 day rule apply for H1-B extension beyond the 6th year?

 

Any expert opinions, thoughts will be appreciated.

Only a PERM or I140 pending more than 365 days or an approved I-140 will get you extensions beyond 6th year on H1B.