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Regarding H1 extension in Premium processing

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

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Attorney answers 3


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.


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.



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