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PERM - Limited time left on H1B

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  • PERM - Limited time left on H1B


    My 6 years H1B is getting over by September, 16 2019.

    Today when i spoke to my employer, he mentioned he got the prevailing wage and he is willing to kick of the next process (filing PERM form 9089 I guess). I see currently PERM approval is taking around 6 months without audit.

    If my employer files my PERM, then I am guessing the approval will come on September 2019. I guess after that I-140 needs to be filed and he mentioned it can be filed under premium processing.

    So if PERM process is going to take 6 months, do I need to leave the country and come back after I-140 approval with visa extension?

    Do I need to force my employer to file the form 9089 this month itself?

    Any suggestions is highly appreciated.


  • #2
    You can also file consular processing in case you have to leave the country.
    Also you can file I-140 and I-485 at the same time if your country of origin is current in the visa bulletin.

    Here's the thing though if you have an approved I-140 you can extend your H1-B beyond the 6 year. Source:

    The only way to work beyond your initial 6 years would be if you either the beneficiary of a PERM case filed prior to the end of your 5th year in H-1B status (eligible for 1 additional year of H-1B status) or an I-140 approved before the end of your 6th year (eligible for 3 additional years of H-1B status) . Even with either of these conditions existing, your employer would still need to request an extension beyond your initial 6 years in H-1B status prior to the expiration of the initial 6 years.
    EB2 - National Benefits Center (I-485/I-765/I-131)
    - Priority Date: 10/19/2018
    - Biometrics NOA: 11/09/2018
    - Biometrics Appt: 11/26/2018
    - Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
    - Combo card (I-765/I-131) approved: 05/03/2019
    - Combo card (I-765/I-131) received: 05/10/2019
    - Interview Notice: 10/03/2019
    - Case Approved: 10/04/2019
    - Card in hand: 10/10/2019
    (374 days of DOL/I-140 and 356 days of AOS = 730 days of Green Card Process)