PERM Pending , H1B renewal


Recommended Posts

Hello all,


My 6th year H1B will start in 2 weeks(including recapture).


I work for Employer 1.

Employer 1 applied for PERM 3 months ago, but I don't like to continue working for Employer 1. I have some personal commitments due to which I cannot change employers right away.


Therefore, I did some research and found Employer 2, who was willing to file a PERM for me without joining the company but asked me to join the company during I-140 stage. I was OK with it.

Now Employer 2 is almost all set to file PERM(advertising completed etc etc).


My questions are,

1) In order to get the extra 1 year extension after 6 years H1B expires, Does Employer 2 has to file PERM before my 6th year starts?


2) Or, since Employer 1 already filed a PERM for me, does that mean that no matter who filed a PERM, since its filed before the 6th year starts, any employer can file for extension after the 6th year expires?


3) Based on your answers , I will have to rush Employer 2 to filed PERM before my 6th year starts or I can ask them to relax and file when they have everything in good shape.


Please enlighten me.

Link to comment

Extensions beyond the initial total of 6 years are granted only in these circumstances:


1. PERM pending 365 days and more--One year H1 extensions beyond 6 years with any employer.

2.I-140 pending 365 days plus...............One year extensions beyond the 6 years with any employer

3. Approved I-140....................................Three year extensions with any employer.

Link to comment


This topic is now archived and is closed to further replies.