H1B Extension based on approved PERM while staying in INDIA

[Sumante]

My H1B visa expired and hence I am currently in India since my 6yrs time on H1B came to an end. I am awaiting my PERM approval followed by I-140 approval under EB-2 category . Considering I get my PERM approval within the month of March, am I eligible for 1 year extension based on approved PERM while staying in India? If I seek H1B extension only after I-140 approval which I will not be able to secure before April 3rd , 2017 will I have to apply only under normal processing since USCIS will stop premium processing for H1B from April , 3rd at least for 6 months ? Please let me know at the earliest as I intend to plan accordingly.

[nathanl]

H1B Extension based on approved PERM while staying in INDIA

My H1B visa expired and hence I am currently in India since my 6yrs time on H1B came to an end. I am awaiting my PERM approval followed by I-140 approval under EB-2 category . Considering I get my PERM approval within the month of March, am I eligible for 1 year extension based on approved PERM while staying in India? If I seek H1B extension only after I-140 approval which I will not be able to secure before April 3rd , 2017 will I have to apply only under normal processing since USCIS will stop premium processing for H1B from April , 3rd at least for 6 months ? Please let me know at the earliest as I intend to plan accordingly.

When was your PERM filed? I think you still need an approved I-140 to seek a H1B extension.

[Sumante]

When was your PERM filed? I think you still need an approved I-140 to seek a H1B extension.

The Initial PERM filed on Jan 31st , 2016 went into an Audit and was denied . A fresh one was filed on 21st December 2016.