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PERM info

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  • PERM info

    My H1-B six(6) years maximum Cap is going to be end on Jan2021 and my Permanent Labor Certification (PERM) process in progress and it will be submitting on 15 Nov2020 to USICS.
    Please let me know if you have inputs on below points. 1. If my PERM is applied before my six year cap ends, can i extend my stay of extension in USA without
    getting the PERM results? or do I need to leave the country during my six years cap is ending.
    2. If I travel to India before my six years cap ending(one month early), can i use my existing H1-B to travel back to
    USA once my PERM followed by I-140 is approved by USCIS or again need to go through the Lottery process as a fresh H1-B.

  • #2
    1. To get extensions on your H1-B status beyond 6 years, your PERM should have been applied at least 365 days before your extension application. Since you max out in Jan 2021, your PERM should have been applied in Jan 2020 to get extensions. Consult your attorney on your next steps.

    2. Once your PERM is approved, you can just use your PERM to get 1 year extensions until your I-140 approval comes through. After which you can get 3 year extensions. No need for a fresh H1-B petition