PERM and H1-B 7th year extension

G

greatgc

Registered Users (C)
With new PERM FAQs any old LC filings will be void once after the PERM LC is approved.

Q:- What about the H1-B 7th year extension in case of PERM approval coming in a month or two and H1 extension is needed? Can the employer file for H1 extension since PERM application will not be pending for 365 days or more?
 
This is a very good question and to my knowledge not covered yet. Therefore it would seem to me that: old LC void = PD void = no extension.
You'd be safer to file for the extension and then do PERM.

greatgc said:
With new PERM FAQs any old LC filings will be void once after the PERM LC is approved.

Q:- What about the H1-B 7th year extension in case of PERM approval coming in a month or two and H1 extension is needed? Can the employer file for H1 extension since PERM application will not be pending for 365 days or more?
Click to expand...
 
mine is different situation. advise please

I am on my 6th year.
I have pending non rir in BEC. No 45 day letter yet.
I got 7th year extension then I filed for PERM.
What happens to my approved 7th year H1B1 if my perm labor certified and my BEC case withdrawn?
Is my already approved 7th year extension valid?
 
As far as I know your extension is valid - the reasoning being:
if you have LC (approved or not doesn't matter for this example) from company A and then you file for 7th year extension and get it granted.
Before you actually enter 7th year you start with company B and they file
new LC (365+ days before 7th year extension is up). The LC from company B
would make you eligible for further extensions (8th, 9th...year).
With PERM however we shouldn't be seeing any 8th and 9th year extensions anymore - in fact hardly any 7th year extensions unless it is a retrogression case.

asnmurty said:
I am on my 6th year.
I have pending non rir in BEC. No 45 day letter yet.
I got 7th year extension then I filed for PERM.
What happens to my approved 7th year H1B1 if my perm labor certified and my BEC case withdrawn?
Is my already approved 7th year extension valid?
Click to expand...
 
PERM - 7th year H1B extension

Guru

As you said below (8th or 9th year extension in PERM), how can we be sure that 8th year extension is not necessary? what happens if there's retrogression that affects the filing of I-485? I am little confused here. Please explain

Thanks
perm1974

gc_2006 said:
As far as I know your extension is valid - the reasoning being:
if you have LC (approved or not doesn't matter for this example) from company A and then you file for 7th year extension and get it granted.
Before you actually enter 7th year you start with company B and they file
new LC (365+ days before 7th year extension is up). The LC from company B
would make you eligible for further extensions (8th, 9th...year).
With PERM however we shouldn't be seeing any 8th and 9th year extensions anymore - in fact hardly any 7th year extensions unless it is a retrogression case.
Click to expand...
 
My last sentence states just that - if retrogression happens you have to keep extending until you are current.

perm1974 said:
what happens if there's retrogression that affects the filing of I-485? I am little confused here. Please explain

Thanks
perm1974
Click to expand...
 
If PERM is certified and old non-RIR case has been filed by a different company that filed PERM, then there is no need to withdraw an old case, right ?
 
azzuri said:
If PERM is certified and old non-RIR case has been filed by a different company that filed PERM, then there is no need to withdraw an old case, right ?
Click to expand...
It is with same company
 
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