sp.dev Posted September 30, 2014 Report Share Posted September 30, 2014 Hello, I am H1b 6years will expire on Nov 2015. I have not filed my PERM (Labor) yet. Based on 365 days rule, do I still have time before Nov 2014 to file PERM ? Even if its pending by April 2015, Can I file for extension or do I have to wait until Oct 2015 to file for extension? Thanks, Dev Link to comment
jairichi Posted September 30, 2014 Report Share Posted September 30, 2014 Employer can initiate PERM anytime. On what basis will employer file for extension in April 2015? Only if PERM is pending for more than a year an extension can be requested. Link to comment
itsmeusa Posted September 30, 2014 Report Share Posted September 30, 2014 No, you don't have enough time on hand. But still go ahead and file PERM. If approved within 1 yr, file I-140 in premium. Getting started is the key. Link to comment
sp.dev Posted October 1, 2014 Author Report Share Posted October 1, 2014 I understand now, that I cannot file extension for April 2015. Lets say if I file now and my labor is pending till next october, I can file an extension in premium after october right? In case, labor gets approved in next 6months, I can file for extension (since my labor was applied beyond 1year) or go for I-140 and then file for extension, correct ? Link to comment
jairichi Posted October 1, 2014 Report Share Posted October 1, 2014 I understand now, that I cannot file extension for April 2015. Lets say if I file now and my labor is pending till next october, I can file an extension in premium after october right? In case, labor gets approved in next 6months, I can file for extension (since my labor was applied beyond 1year) or go for I-140 and then file for extension, correct ? With a PERM pending for more than a year one year extensions can be requested. Approved PERM does not make you eligible for an extension. I-140 pending for more than a year or approved I-140 can get you extension. Link to comment
itsmeusa Posted October 2, 2014 Report Share Posted October 2, 2014 H1b extension beyond 6th year is possible only under 2 circumstances - PERM is pending for more than 365 days OR I-140 is approved. There is no rule / law that gives H1b extension just because I-140 is pending for more than a year. Link to comment
itsmeusa Posted October 2, 2014 Report Share Posted October 2, 2014 I just read on the USCIS memo that indeed one could request 1 yr extension if I-140 (immigrant petition) is pending for more than 365 days. I never knew this before. Link to comment
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