Query on H1B Visa Extension while PERM under process

Asked over 1 year ago - New York, NY


I have completed one term in USA during year 2005-2011. the details of my Visa are as follows

July 2005- Oct 2009 i was having L1B Visa
converted my L1 to H1 during following years
Oct 2009 - Jun 2011

I have went back to India and stayed nearly 16 Months and again came back to US on my L1B visa on Oct 15, 2012.

My New Employer has converted my L1B to H1B with H1B CAP EXEMPT quota.

I have received my H1B Cap Exempt for 1 year which is as follows

May 15th, 2013 -May 15th 2014.

currently my Employer is applying the PERM process and they are telling me that my PERM process might take more than year, if it takes more than year , Shall i apply for my H1B Extension one more year ?
is my current H1B petetion still valid for extension after May 15,2014 while my PERM -In Progress ?

Attorney answers (3)

  1. Dawn Chere Sequeira

    Contributor Level 10

    Answered . You are entitled to 6 years in H-1B status after which you must have either filed for Labor Certification or departed the US for the requisite period. Since you re-entered the U.S. on L-1B, under "automatic visa revalidation" your L-1B was reinstated and your H-1B cancelled. You may want to extend your H-1B to reach the 6 years and file extensions after 6 years under AC21 (with a pending PERM).

    Please consult an immigration attorney. This does not constitute legal advice.
  2. Daniel Patrick Hanlon

    Contributor Level 20

    Answered . Yes, you may file for an extension of your H-1B while you are processing your PERM application and even through your application for adjustment of status. H1B status may even be extended beyond the 6th year (including time spent in L status) if the PERM was filed at least one year prior to the date the 6th year is reached and/or if the I-140 has been approved.,

  3. J Charles Ferrari

    Contributor Level 20

    Answered . To extend an H-1B beyond the sixth year, you must have a PERM/I-140 that has been pending for over one year or have an approved I-140.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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