Perm application submission delayed until office gets opened

[realhyd]

My wife's employer says that since their office is closed for physical presence and since that bars employees from seeing the notice of job, they said they can only move further with PERM application only when the office gets opened for all employees. She has her visa valid until Oct. 2021 ( 6 years will be complete then ), we are now worried that the current situation will push her PERM application submission date into the 6th year.

Right now, Wage determination has been done, and that is valid until Sept. 30th, 2020, her employer said that if we can have the office open by say, Aug, 2020, it will give them enough time to conduct recruitment and submit the application before Sept. 30th. If everything fails, what are our options when it comes to extending H1B status beyond the 6th year assuming that we would be applying for her PERM in the 6th year? Can she apply for H1B extension beyond the 6th year by just applying for PERM or should she have an approved PERM or both PERM and I-140 to get that approved ?



Please help!

[rkk09]

Hi,
In order to extend H1B beyond 6 years, you will need below two options.
1. PERM must be pending more than 365 days.
2. You must need I-140 Approval.
If you dont have these two then you will need to consider below two options.
1. You can leave country before your current H1B expires. Once I-140 is approved then you can do H1B Ext with the help of I-140 Approval and it will be considered CAP exempt.
2. File change of status petition.
Thanks