What happens if I did not apply for PERM (labour) before 365 days of my H1b extension

[ss_1231]

Hi,
I am working on H1b visa and I will be completing my 5th year in Sep 2014 and will complete my 6th year in Sep 2015. To get the H1b further extended I (my employer) need to apply for PERM 365 days before Sep 2015. What happens if my employer fails to apply for PERM within the given time limit? Is there a way out in case PERM is applied later? Please help me.

copied form website
H1B can be extended beyond 6 yrs if:
Applicant's labor application for Employment based green card purpose is pending for more than 365 days
Applicant's petition for I-140 is approved under employment based green card and AOS/485 is pending

[raghvi]

Hi,
I am working on H1b visa and I will be completing my 5th year in Sep 2014 and will complete my 6th year in Sep 2015. To get the H1b further extended I (my employer) need to apply for PERM 365 days before Sep 2015. What happens if my employer fails to apply for PERM within the given time limit? Is there a way out in case PERM is applied later? Please help me.

copied form website
H1B can be extended beyond 6 yrs if:
Applicant's labor application for Employment based green card purpose is pending for more than 365 days
Applicant's petition for I-140 is approved under employment based green card and AOS/485 is pending

The reason folks apply PERM more than 365 days before 6th Year expiry is that in case I140 takes time they can still extend H1 visa. If your PERM has not been pending 365 Days at the time of 6th Year expiry then you have to have I140 approved in order to be eligible for extension beyond 6th Year. With the current time line of USCIS, it is going to be too risky to expect I140 approval before 6th Year completion. It can take a 12-18 Month lead time for PERM-I140 approval.

Also, if you exhaust your 6 Years on H1 and dont have a I140 approved and didnt have PERM filed 365 or more days before 6th Year completion, you would end up having to stay out of US for entire year and wait next Years H1 cap to re file another H1.

This is my opinion not legal advice.