PERM applying in end of 6th year

I’m on 6th year, will end by 7th Sep 2019.
My employer working on to apply PERM in couple of days. Please advise what would be the options for me?
Do I need to carry any timeline before it exhaust 6 years or can I wait till 7 Sep to see if PERM approved? Please advise.

You should leave US about a week before your 6th year max out date if PERM and i140 are not approved by that date.

You can check current perm processing time here.

Thank you!

Do I need to carry any timeframe before 6 years completes, will that help anyways to get H1B approval based on PERM approval when I’m in India?

Attorneys usually recommend keeping a 60 day gap.

Thanks Anil!

One last question for now, if I get my PERM approved before 6 years completes, can I get 1 year extension based on PERM approval.
So that I can apply for I 140 & H1 extension during that period? Please advise.

No, you cannot. I140 should be approved to file extension.
Only PERM Approval is not enough.

Thank you Anil!! Appreciate your support.

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If my PERM in process & I will go India as per my term ends, once PERM approved my employer can apply for I140 & get extension, that’s possible right? Please advise.

Hi @Sathish

Yes, PERM and i140 process can be done even if you are outside US

Thanks Anil!! Appreciate your help!

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Hi Anil,

If my PERM approved when I’m in India & my employer will do I 140 & H1 extension too.
Can I come once I have this in place or should I need to stay for 1 year & then come back as I have consumed 6 years? Please advise.


Hi @Sathish

You can come to US once your H1B has been approved using approved i140. There is no need to wait for 1 year.

Ok great thank you!!

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I will completing my 6 years on 7 Sep, so I will be leaving to India
PERM has been applied on Aug 1st by my current employer

Can I work in India in other companies during my current US employer process I 140?

Please advise.

PERM & I-140 done by current US employer, as I will be in India (when I have this approval); can other employer apply for H1B Visa filing based on I-140?

Hi @Sathish

Other employer cannot use i140 until it is approved. Also, if you leave your i140 employer within 180 days of i140 approval, they can withdraw it and then you cannot file for transfer or extension at all.

Thank you!!

After I 140 approved & with my I140 employer consent/approval, other employer can help to file for extension? (I’m just thinking in worst case).
I need not wait 6 months?

Hi @Sathish

If your employer does not withdraw i140, then you can file transfer using the i140.

Great thanks for the info!!

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