Approved PERM without I-140...Please reply...

[gc1971]

Hi,

I found a new employer who is willing to do my 9th year H1B visa extension and this is my situation:

My current Employer filed my PERM in July 2005 and it got approved in June 2006. I-140 was not filed at all by my current employer after PERM got approved as I didn't find time to do the paperwork for I-140. Can I use the approved PERM to go for my 9th year extension with my new employer or do I need to also have a pending or approved I-140 from my current employer? I hope this is the same as AC21 law for regular RIR where a pending or approved RIR > 365 days is enough for 1 year extensions .

Please advice.

Rgds.

gc1971

 

[GotPR?]

You can use approved LC which is more than 365 days old to get h1 extension.

 

[aa2aa]

What if that Labor is used for someone else by the previous employer (or cancelled, if that is possible)?

 

[GotPR?]

When labor is substituted to somebody else, you lose eligibility for beyond 6th year extension.