H1 Max out approaching - employer not filing i140 in Premium

Hi Anil,

I am approaching my 6 years max out time , my current Employer H1 transfer is pending filed in regular processing. My PERM is approved which was filed after I entered into 6th year of H1. My Employer is saying I can get 1 year extension based on the PERM approval no need to file I-140 in premium processing.
Is that true at all ? and what are my options ? I have approved PERM with other Employers but not the I-140 If I file the I-140 with my Previous Employers in Premium Processing what are the chances of approval without RFE ?
Can I wait for my Pending H1 transfer with the current Employer beyond my 6 years term after recapturing the Outside US time as well without Approved I-140 ?

Your employer is just trying to delay things as much as possible.

You will indeed spend money in recapturing time and then for recapture, you will have to file another H1B extention application.

You may be able to file 1 year extention with PERM.

Isn’t it better to get i140 Approval and then just file one H1B extention for 3 years?

You can file i140 with old employer if their PERM is still valid. Note that PERM Approval is only valid for 180 days.

Can I get 1 year extension Even though my current Employer’s PERM is filed in 6th year of my H1 ? i.e my PERM doesn’t took more than 365 days of Adjudication before I complete my 6 years term.
The Previous Employer also filed the PERM in my 6th year of H1 only.

Thanks Anil for your quick responses

I do not think you can file H1B 1 year extension if 365 days have not passed. You may want to have a second opinion with your employer attorney though.

Your employer is probably banking on first doing recapture and then file another extension.

I calculated based on the recapturing period outside of USA and gave the final date. H1 transfer is still in pending to know exact I-94 date what the USCIS will give on my recent transfer.