When are we eligible for automatic h1-b visa renewal after 6 yrs on h1-b
Posting on behalf of my wife , her visa expires in may 2019 and her company is filing for green card process now . Does she qualify for h1-b extension after 6 yrs if her employer "just" applies for green card by may 2018 or does her PERM application need to be filed by may 2018 ( which I assume takes 9-10 months after initial process start of gc )
Her Perm needs to be approved by then..
By may 2018 ?
Her perm needs to be filed by may ...let's say your I 140 is not approved by may 2019 in that case you will get 1 year extension based on perm
Dude..PERM needs to be approved..unless it’s approved no extension mere filing of perm doesn’t help
** This is the actual rule ** Your PERM needs to be filled 364 days before your last day of 6th year H1B to get extension beyond 6 year. If your PERM is filed but not approved, you will get 1 year extension. If your PERM is filed and approved but I140 is not approved, you will get 1 year extension. If your both PERM and I140 is approved, you will get 3 year extension. If your PERM is rejected, you need to leave United States for 18 months before any employer can file your H1B again
So for perm filing do we have go through ads Nd all that stuff ? So now her case is she still getting approvals from management etc . They said thry are late stage of approvals. So I assume she late to have her perm filed before may ?
You can not file perm without labor market test and a 30 days of cooling off period after the ads
If perm is approved by may 19 , one year extension. If i140 approved , 3 years of extension. Else no extension
Isn't it may 18 ?
You need to get receipt from USCIS that they've received PERM application at least 1 year before your last day of 6th year H1B
How long does it take to get i140 approval?
Extension only allowed beyond 6 years for these two cases - perm applied a year before the last eligible date you can stay in the country and perm is not approved yet - doesn’t matter when you apply, if the perm is approved and i140 is approved Your 6 year stay is the actual days you spent within the country so if you have traveled outside house can be added to the eligible 6 year limit. Highly advise to just talk to your company or her companies immigration lawyers to understand the GC process in detail. It’s a really detailed process :)
Thanks for the info . Her current state is she hasn’t even filled for perm yet and process for perm filing is yet to start . So I guess the best bet is now to hope that perm and i140 finish get approved before may 19 !!!??? If not she becomes ineligible to work until her i140 is filled right ?
She has to stop working when h1b ends if they don’t have an approved i140 or applied for perm a year ago and pending approval .. if they are starting now I think it’s enough time but just constantly keep checking with lawyers and stay on top to ensure the actual perm application is filed before may this year
Doesnt matter now ..rule changing in feb https://www.axios.com/dhs-may-end-h-1b-extensions-for-workers-with-pending-green-cards-2522201851.html
Old news ..nothing has been final yet
@keeper - old news? You didnt even bother to read that article propery now did you? It's published less than 18 hrs ago ..and cleary is newer/different than what we've seen before. Please read before being blatantly dismissive
I think you need an approved 140? Should ask lawyer