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H1B Extension beyond 6 years

Torrance, CA |

The First PERM got filed last June 2011 and went into audit responded to and withdrawn, second PERM was filed in November went to audit and responded to, current one was filed few weeks back.

In this regard, canI file for an extension until November of next year using the second PERM. Please advise on the next course of action.

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Attorney answers 3


As long as the labor certification (PERM) is properly filed and pending you can apply for the 7th year extension.



Assuming the PERM is properly filed, is that I would be eligible for 7th year extension, though its not pending for one year?

Ronald Jeffrey Tasoff

Ronald Jeffrey Tasoff


The PERM must be filed prior to the completion of your 5th year of H-1B status. Not sure if facts support this. This is a complex immigration question and you should retain a qualified immigration lawyer.


To qualify for an extension beyond the 6th year, you must have a Labor Certification/I-140 pending for at least one year, or an approved I-140.

Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


I agree with Mr Ferrari
formo re info

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at

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