PERM - Limited time left on H1B

[surebalu]

Folks,

My 6 years H1B is getting over by September, 16 2019.

Today when i spoke to my employer, he mentioned he got the prevailing wage and he is willing to kick of the next process (filing PERM form 9089 I guess). I see currently PERM approval is taking around 6 months without audit.

If my employer files my PERM, then I am guessing the approval will come on September 2019. I guess after that I-140 needs to be filed and he mentioned it can be filed under premium processing.

So if PERM process is going to take 6 months, do I need to leave the country and come back after I-140 approval with visa extension?

Do I need to force my employer to file the form 9089 this month itself?

Any suggestions is highly appreciated.

Thanks
Surendra

[Spaniard88]

You can also file consular processing in case you have to leave the country.
Also you can file I-140 and I-485 at the same time if your country of origin is current in the visa bulletin.

Here's the thing though if you have an approved I-140 you can extend your H1-B beyond the 6 year. Source: https://www.avvo.com/legal-answers/i...--2165518.html

The only way to work beyond your initial 6 years would be if you either the beneficiary of a PERM case filed prior to the end of your 5th year in H-1B status (eligible for 1 additional year of H-1B status) or an I-140 approved before the end of your 6th year (eligible for 3 additional years of H-1B status) . Even with either of these conditions existing, your employer would still need to request an extension beyond your initial 6 years in H-1B status prior to the expiration of the initial 6 years.