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6 years on H1B, PERM denied, new PERM application in progress.

Los Angeles, CA |

Hi,

I have finished my 6 years on H1 in August 2013. My employer filed for PERM in 2012. Since there was no verdict for 365 days, we filed for H1 extension for one year and it got approved. Now my employer is filing for a new PERM. I have the H1 valid till August 2014. If we file for PERM by end of 2013, and since it will not be over 365 days by August 2014, can I apply for H1 extension then (if the new PERM is still under processing)?

Attorney Answers 3


  1. Probably. You really need to ask the employer's attorney that filed the PERM applications about this, they know the case.

    Maria J. Marty Attorney at Law | mjmarty@mcaulifflaw.com | Office: 206.494.9999 McAuliff Law Firm | 14205 SE 36th St., Suite 100 | Bellevue, WA 98006 www.mcauliffimmigration.com Skype ID: mjmarty-mcauliff This is general information and not legal advice. For a more complete assessment of your situation, please contact our office. Our practice is limited to U.S. Immigration Law. Our attorneys have over 20 years of experience representing international companies, investors, professionals and families with US immigration matters.


  2. you need to appeal the first PERM to get the right to do H's beyond 6 years. if I understand your facts correctly


  3. Why is your employer filing for a new PERM? What happened to the first PERM?

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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