PD 365 days PERM approved, I-140 pending , H1B 6 years max out 1/1/2015 but expiry date 4/1/2015

[ansari10]

After completing 5 years and 3 months, when I filed my H1B last extension, not sure why my H1B was extended until 4/1/2015 even though i am completing 6 years by 1/1/2015 considering the days for which I was out of country. Earlier i came to know i will have to leave country by 1/1/2015 even though visa expires on 4/1/2015.

 

But current situation is - EB3 applied, priority Date 365 days old now,  PERM approved, I-140 pending for more than 6 months now, planning to file 1 year extension with approved PERM. 

 

I know, If  H1B extension is approved before 1/1/2015 , no issue, but what if extension approval get delayed? So my question - with pending I-140 , pending PERM am I eligible to stay within US , am I eligible to work beyond 1/1/2015 till 4/1/2015 with my current visa?

 

[pontevecchio]

Approved PERM does not give you H1 extensions. I-140 pending 365 does. Maybe work offshore for a couple of months and return when I-140 is pending 365?

[jairichi]

Approved PERM does not make you eligible for extension. Only a PERM or I-140 pending for more than a year or an approved I-140 gets you extension.

[ansari10]

thanks, but got a complete different and i guess incorrect info, in comparison to my company attorneys reply, Based on his request, I am already in process of applying extension of H1B based on approved PERM, pending I-140 and priority date is 365 days before September 20, 2013,

 

My question was- am I eligible to stay and work beyond max out date with pending H1B extension, or is it required to get approval before 1/1/2015 to continue working? will appreciate who can answer on this question. thank you. 

[itsmeusa]

@ansari10 - I went thru the same situation in Mar/Apr 2010 timeframe. And I would concur to what pontevecchio and jairichi have been telling you on this regards. 

 

My PERM was approved exactly after 1 yr of filing, just before 1 month before my H-1b stay was about to complete 6 yrs and that gave us only 1 month to get I-140 approved. Luckily my employer and lawyer moved fast on my I-140 application (premium processing) and it was approved just 5 days before my H-1b hitting 6 yrs. My H-1b lawyer (different than GC lawyer) understood the situation and helped a lot to file H-1b extension for 3 yrs, exactly on the day when I completed 6 yrs on H-1b.

 

In your case, it looks like you have enough time to get I-140 filed in premium and get is approved before your H-1b stay hits 6 yrs.

[ansari10]

it seems very weird rules - because 1st scenario - everywhere it says if PERM is pending for more than 1 year then you are eligible for 7th year extension.

 

My scenario is PERM is approved, and priority date is prior to 365 days (Sep 20, 2013) and now next stage I-140 is pending, my attorney asked me to file extension probably based on the 1st scenario, my company is in position that because I am eligible for extension then why I need premium of I-140,  is attorney wrong on this and so company?

[mannu84]

On 11/18/2014 at 4:00 AM, ansari10 said:

it seems very weird rules - because 1st scenario - everywhere it says if PERM is pending for more than 1 year then you are eligible for 7th year extension.

 

My scenario is PERM is approved, and priority date is prior to 365 days (Sep 20, 2013) and now next stage I-140 is pending, my attorney asked me to file extension probably based on the 1st scenario, my company is in position that because I am eligible for extension then why I need premium of I-140,  is attorney wrong on this and so company?

Were you able to get 1 year extension based on approved PERM which was filed 365 days before h1-b max-out? I am in kind of similar situation. Your help will be appreciated. Thank you.