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?

Related Topics:
1 Lawyer Answer
Kelly Shane O'Reilly
Kelly Shane O'Reilly
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.