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What is the possibility of H1B extension beyond 6 years ?

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  • What is the possibility of H1B extension beyond 6 years ?

    Hello All,

    My current H1B is expiring in Dec, 2011, but the max out is till Feb 2012. So my employer is willing to file an extension to capture the days left out before max out. Now, my PERM was submitted in the month of June, 2011 (as you notice, I did not have 365 days before max out). However, if an extension is filed to recapture the days before max out and the H1B process is in progress, can I still continue to work in USA, beyond the 6 year max out. I hope, I tried to put my question as clearly as possible.

    Can somebody advise me on this ?

    Is there any way to check the status of PERM or expedite the PERM while in audit ?


  • #2
    Unless you get the I-140 approved before your 6th year end, you won't get the 7th year extension, since the PERM was not filed 365 days prior to the 6th year end. There is no option to expedite the PERM process. But I-140 can be filed in premium (result in 15 days).

    Alternatively, you can leave the country now (with some months left in your current 6 year period). When the PERM gets approved, file I-140 in premium and get the result within 15 days. If I-140 gets approved, then re-enter U.S by recapturing the remaining period in your current CAP. Once you are inside U.S, you can file the 7th year extension based on the approved PERM/I-140.
    Not a legal advice. Use of this information is strictly at your own risk.