Can I stay on H1B after 6 years completing while PERM is in process

[nbharath1981]

Hi,

I will be completing 6 years on H1B by April. My PERM was applied in 6th year and it is still in process. My employer is saying that H1B extension can be applied if PERM is under process and I can stay upto 90 days although 6 years completed. I knew that if the PERM was applied in 5th year, then I can get H1B extension for one year.
Could anyone please provide your inputs on this.

Thanks.

[raghvi]

Hi,

I will be completing 6 years on H1B by April. My PERM was applied in 6th year and it is still in process. My employer is saying that H1B extension can be applied if PERM is under process and I can stay upto 90 days although 6 years completed. I knew that if the PERM was applied in 5th year, then I can get H1B extension for one year.
Could anyone please provide your inputs on this.

Thanks.

Few things. When is the exact date of completion of 6 years of physical presence in US, calculate only days spent in US.
Also, when exactly was PERM applied?

[nbharath1981]

Few things. When is the exact date of completion of 6 years of physical presence in US, calculate only days spent in US.
Also, when exactly was PERM applied?

Hi Raghvi,

Sorry for delay response. The completion of 6 years physical presence in US will be April 5. I calculated and included only the days I stayed in US. My PERM was applied on Dec 20, 2016

[raghvi]

Hi Raghvi,

Sorry for delay response. The completion of 6 years physical presence in US will be April 5. I calculated and included only the days I stayed in US. My PERM was applied on Dec 20, 2016

I don't think there is a 90 day grace period as being told by your employer.

This is my opinion not legal advice.