Regarding H1 extension in Premium processing

Asked over 1 year ago - Rancho Cucamonga, CA

My Perm is in appeal (Motion to reopen) and was applied 3 weeks back. I will complete 6 years in H1 on July 9th 2013. My company is planning to do my 7th year h1 extension based on Perm pending for 365 days. Kindly advice me whether my employer needs to do my extension in premium processing.
Is there any benefit in doing so? I would like to continue my stay here.

Thank you so much

Attorney answers (3)

  1. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree


    Answered . Absolutely. In order to qualify for the 7th year extension of your H-1B, your employer must demonstrate that you either have a PERM pending which was filed at least 365 days prior to the expiration of your H-1B or that you have one that has been already approved.

    That is why I would urge the employer to file the H-1B extension premium processing, to preserve your eligibility for a 7th year H extension in case the PERM is ultimately denied again.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Ronald Jeffrey Tasoff


    Contributor Level 11


    Lawyers agree


    Answered . At the time that you 7th year extension is adjudicated your PERM application must either be approved or pending. Obviously, you would want to have the extension approved as soon as possible in case your motion to reopen in denied since if that were to occur you would no longer be eligible for a 7th year extension unless you were able to file an appeal to BALCA which also cost money as well. So, if it were me (and not my money), I'd always go for Premium Processing.

  3. Calvin T. Sun

    Contributor Level 15

    Answered . Agreed

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