H1-B 7th year Extension

[harigoli]

I have appleed to PERM under EB3 before i enter into 6th Year and got Audit and lawyer responded for audit.

I will be completign my H1B 6th year next month. Now I applied for 7th year H1B extension in normal processing.

Q. Since my H1B applied in normal processing.. it may take time to get the decision.
Before I get the decision on H1B. If some thing wrong happed with my PERM labour decision.

Will still i get H1B 7th year extension. Since it got applied before completing 6th year. ?


or is it good to convert my H1B to premium processing before decision made on Labour ?

Please suggest

[shervin143]

If PERM gets denied, then technically the 7th year extension is not possible. USCIS should definetely have a way to check the status of the pending PERM with DOL before they approve the 7th year H1B extension that is filed based on the pending PERM. If you think that your PERM could get denied, then it is advisable to upgrade the case to premium.