H1B approved beyond 6 years (till 2020) without PERM/i140 - Should we file new extension now?

Thanks for your time in reviewing/answering query. Please see the details below.

  1. PERM applied on Sep-2016.
  2. Perm approved on March 3rd 2017.
  3. Applied for H1B extension on March 21 2017 (six months earlier) and got approved for 3 years i.e.
    [Sep 2017 (start date) to Sep 2020 (end date)]. During this extension PERM was not attached.
  4. Applied for i140 on July 2017 (in premium) and got approval in July 2017.
  5. H1B max out date is SEP 2018.

Question: When we applied for extension in Mar 2017, we got approval beyond 6 years (i.e. sep 2018) and i140 was not attached as we didn’t had it.

As I have approval till SEP 2020 should i wait to apply till 2020 or should i apply now along with I-140 as that was not included earlier during 2017.

  1. Employer says no need to go for extension now and we can include i140 when we apply for extension in 2020.
  2. One attorney said we should for extension now while second felt no need as PERM and I-140 is approved.

Anyone experience in this scenario or your opinion is appreciated.

The thing is that there is no clear guidance from USCIS on this. That is why you are getting different answers.

As a logical step, there should be no need to apply for another extension as your have got the PERM and i140 approved before the end of 6 years. This satisfies the condition of staying and working beyond 6 years.

But, I usually recommend to apply for extension even though USCIS has approved your i140 for period after 6 years to stay on absolutely safe side.

You can talk to your employer’s attorney and if they are okay with not filing the extension, you should be fine. If they agree to file, you can go ahead with filing extension using i140.

Thanks much for your response.

But, I usually recommend to apply for extension even though USCIS has approved your i140 for period after 6 years to stay on absolutely safe side.

I believe you meant I-797 here?

Employer is OK to file and left on me to decide. Employer perspective is, this would be confusing for USCIS as we will ask for extension when I still have 1.5 years left with previous approval till Sep2020. They told me i would be messing up this unnecessarily as attorney has to write explanation letter to USCIS why we applied extension now.

I am concerned whether there will be question like why we didn’t apply considering the previous extension as error (as burden of correction is on us) and i may be considered out of status.

I may be wrong with thought and thinking way too much.

Any idea if USCIS will check previous application to see if i-140 is attached in previous application or is it first time?

Anything can happen with USCIS. We can’t really guess.

I suggest to go by attorney’s advise.

Thanks again for your inputs.