7th+ year H-1B extension based on PERM

9

9yearh1b

New Member
Hi All,

I have been in H-1B status from 1998 to present (2007), working for company A from 1998 to 2005. Company A filed a "traditional" labor case with DOL in 2003, which got stuck in BEC.

In 2005 I joined Company B, and was able to use company A's pending labor case to get a 1 year H-1B extension. In 2006, company B filed a PERM case, followed by I-140/I485, EB2 non-retrogressed, which is now pending. Company A's old labor case is now ready for processing, and will be withdrawn shortly.

My question is: Will I be able to use Company B's PERM to file another 1 year H-1B extension, once 365 days have passed since it was filed? Note that PERM was filed after my initial 6 years of H-1b.

Thanks in advance for any input!
 
9yearh1b said:
My question is: Will I be able to use Company B's PERM to file another 1 year H-1B extension, once 365 days have passed since it was filed? Note that PERM was filed after my initial 6 years of H-1b.

Thanks in advance for any input!
Click to expand...
I don't find any reason why you can not do that as far as your PERM LC has passed 365 days.
 
Thank you for the quick reply, GotPR!

The reason that I asked was that Company B's attorneys tell me they cannot use the PERM case for a further H-1B extension, because "it has not been filed 365 days before my initial 6 years of H-1b". Is there any truth to that?

Now I have conflicting information. I tend to agree with GotPR, but I would like to know for sure. Can somebody please shed some light on the situation, one way or the other?

Thanks!
 
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9yearh1b said:
Thank you for the quick reply, GotPR!

The reason that I asked was that Company B's attorneys tell me they cannot use the PERM case for a further H-1B extension, because "it has not been filed 365 days before my initial 6 years of H-1b". Is there any truth to that?

Now I have conflicting information. I tend to agree with GotPR, but I would like to know for sure. Can somebody please shed some light on the situation, one way or the other?

Thanks!
Click to expand...

There is no rule that 7th year extension and 8th(and beyond) year extension must be based on the same LC. As far as LC is more than 365 days old before H1 expires, you can get another extension. I'm pretty sure you can do that.

if your lawyer insists you can't, talk to other lawyers.
 
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