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Can I file an H1B extension beyond 6th year H1B limit from a new employer?

Sunnyvale, CA |

Scenario.
1. This new employer has filed new PERM in the very beginning of my 7th year extension period.
2. This new PERM is still pending for more then 365 days.
3. Can I file my 8th year H1B extension based on this pending(in process) perm application?

Attorney Answers 3


  1. Here is what I think you are saying. Correct me if I am wrong: You were with employer A and they filed a PERM for you. The PERM was pending one year and you moved to a new employer. Employer B then filed a new PERM and both PERM apps are still pending? If that is the case, yes, you can extend. USCIS has issued memoranda that discuss extensions and one aspect of the process is that an H-1b can be extended even though it is not with the employer who filed the PERM. You will be able to use the new H-1b to extend once it is also pending the 365 days. All you need is a pending app. If I am wrong in my assumptions, please correct me. Thanks.


  2. Yes, one PERM has to be alive and pending for over 365 days.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.


  3. You can obtain an 8th year H-1B extension based on your long-pending PERM application.

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) 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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