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Extension based on PERM approval?

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  • Extension based on PERM approval?

    Hi,
    Just wanted to check / confirm if we get 1 year extension after PERM is approved or does it happen only after I140 is approved. I know that I will get 3 years extension after I140 is approved, but not sure about extension after PERM is approved.

    Also, do we need to wait for the physical PERM Approval document to file I140 or can it be done after getting the email / electronic notification.

    Questions:
    1) Do I get any extension based on approved PERM? Can I stay in US after PERM is approved as my max out date is 01/25/2015.

    2) Do I get any extension based on approved I140? I know I get 3 years of extension but is it dependent upon H1B extension or Can I stay in US after I140 is approved as my max out date is 01/25/2015.

    3) Can I apply for both I140 and H1B extension in parallel or it cant be done?

    Any expert advice in this regards is highly appreciated.

    Can someone throw some light in this regards?

    Thanks,
    Rahul

  • #2
    Originally posted by MrBond View Post
    Hi,
    Just wanted to check / confirm if we get 1 year extension after PERM is approved or does it happen only after I140 is approved. I know that I will get 3 years extension after I140 is approved, but not sure about extension after PERM is approved.

    Also, do we need to wait for the physical PERM Approval document to file I140 or can it be done after getting the email / electronic notification.

    Questions:
    1) Do I get any extension based on approved PERM? Can I stay in US after PERM is approved as my max out date is 01/25/2015.

    2) Do I get any extension based on approved I140? I know I get 3 years of extension but is it dependent upon H1B extension or Can I stay in US after I140 is approved as my max out date is 01/25/2015.

    3) Can I apply for both I140 and H1B extension in parallel or it cant be done?

    Any expert advice in this regards is highly appreciated.

    Can someone throw some light in this regards?

    Thanks,
    Rahul
    Has it been over 365 Days since PERM filed? If yes then you can request for 1 Years Extension. If I140 is approved then you can request for 3 Years Extension. If PERM has been approved but I140 is pending and its not been 365 days then I dont think you can request for extension merely on the basis of PERM approval.

    1. If PERM is approved why not file I140 in premium and get it approved ?
    2. Having I140 approved in itself does not automatically get 3 Year extension, you need to apply for H1 extension and get it approved too.
    3. I dont think so, you have to first get I140 approval and then subsequently file for H1 extension.

    This is my opinion not legal advice.

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