Perm & 7th Year Extension

[sun15220]

Foreign nationals who have commenced the employment-based immigration process, and are also in H-1B nonimmigrant status and are nearing the six-year limit on H-1B stays are eligible for extensions of H-1B status past the six-year limitation if, among other scenarios, it can be demonstrated that a labor certification application on which the foreign national will rely for immigrant status has been pending for 365 days or more.

Please advise whether labor certification withdrawal and re-filing under PERM will affect this right? As regard 485, old priority date is still valid.

Thanks in advance,

Sunny

 

[saigc]

Foreign nationals who have commenced the employment-based immigration process, and are also in H-1B nonimmigrant status and are nearing the six-year limit on H-1B stays are eligible for extensions of H-1B status past the six-year limitation if, among other scenarios, it can be demonstrated that a labor certification application on which the foreign national will rely for immigrant status has been pending for 365 days or more.

Please advise whether labor certification withdrawal and re-filing under PERM will affect this right? As regard 485, old priority date is still valid.

Thanks in advance,

Sunny

you may retain the old priority date ONLY IF your i140 was approved. priority date is very important if you are from india, china. think twice before going for perm.

 

[webjockey]

Retaining priority date

If the employer withdraws the labor certification, how can it possible to retain the priority date? I believe one can port priority date on a previously approved labor

It is possible to retain the priority date, if the employer withdraws the previous LC and refile it under PERM and provided it is approved