H1B extension - PERM approved, I-140 pending, H1B extension

[kuugrak]

Hi,

My first H1B is expiring in July, 2014. My employer is preparing to file for an extension. I-140 is pending with an approved PERM labor certification.

My question is:

Am I eligible for a 3 year H1B extension without filing a labor certification?
A PERM labor certification application has been approved and I-140 is pending currently (and priority is not current),

My employer is a non-profit organization/research institution.

Thank you for your help.

[raghvi]

Hi,

My first H1B is expiring in July, 2014. My employer is preparing to file for an extension. I-140 is pending with an approved PERM labor certification.

My question is:

Am I eligible for a 3 year H1B extension without filing a labor certification?
A PERM labor certification application has been approved and I-140 is pending currently (and priority is not current),

My employer is a non-profit organization/research institution.

Thank you for your help.

I believe 3 Year extension is allowed only if I140 is approved. Why dont you premium process I140 and get it approved ASAP in order to get 3 Year. With only PERM approved you would get only 1 Year extensions.

This is my opinion not legal advice.

Hey I missed the part that its your first H1B. H1B is for 6 Years and if you have used only 3 Years then yes, you should be eligible for the next 3 Years extension irrespective your PERM/I140 status, if employer can show work for you.

This is my opinion not legal advice.

[kuugrak]

I believe 3 Year extension is allowed only if I140 is approved. Why dont you premium process I140 and get it approved ASAP in order to get 3 Year. With only PERM approved you would get only 1 Year extensions.

This is my opinion not legal advice.

Hey I missed the part that its your first H1B. H1B is for 6 Years and if you have used only 3 Years then yes, you should be eligible for the next 3 Years extension irrespective your PERM/I140 status, if employer can show work for you.

This is my opinion not legal advice.

Thank you for your comment.

Here is the second part of question:

Is my employer supposed to file for a labor certificate application as part of the application for a 3-year extension? The approved LCA from the initial H1B application is expiring in July, 2014 but I-140 is pending with approved PERM.

Thank you for your help!

[raghvi]

Thank you for your comment.

Here is the second part of question:

Is my employer supposed to file for a labor certificate application as part of the application for a 3-year extension? The approved LCA from the initial H1B application is expiring in July, 2014 but I-140 is pending with approved PERM.

Thank you for your help!

Yes.

This is my opinion not legal advice.