San Jose, CA asked in Immigration Law for California

Q: H1B 6th year, PERM approved, 140 Still pending. Am I eligible for the 7th-year extension?

I am in my 6th year of H1B term I-94 ending 1/8/2017 and my PERM is approved with I-140 pending. My employer had requested for 1-year extension but it only got approved for 30days which is ending on 1/8/2017; My company has requested for amended approval notice from USCIS as they requested for 1-year extension. Now my understanding is without I-140 approved I am not eligible for H1 status beyond 1/8/2017. But my company Immigration team keeps telling me not to worry and continue to work while the action is pending with USCIS on the amended approval notice. Is that true?

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1 Lawyer Answer
Kelly Shane O'Reilly
Kelly Shane O'Reilly
  • Immigration Law Lawyer
  • Riverside, CA
  • Licensed in California

A: Your immigration attorney should know specifics on your case and have a strategy in place. Usually if your Labor Certificate Application (PERM) or I-140 Petition Pending for One Year, you're eligible to have you H-1B visa extended for one year increments prior to the approval of the PERM application or I-140 petition. You may consider premium process to expedite your I-140. Premium Process cases are processed in 15 days.

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