H-1B Extension past 6 years with Denied I-140 or PERM under Appeal.

Did you know?

We are starting a series of “Did you Know” posts for our readers to provide hopefully useful information on US Immigration Law. Let us know what you think!

It is possible to extend your H-1B Status beyond 6 years if the I-140 or PERM has been denied and it is within the 30 day time limit to file an appeal or it is currently under appeal with USCIS or BALCA.

The PERM or I-140 must be pending for 365 prior to the expiration of the current H-1B.

The duration of the H-1B Extension will be 1 year.

H-1B Extensions will be issued in 1 year increments until:

1) The PERM petition is denied, or if the PERM is approved until the I-140 is denied.

2) The I-140 is denied if there was no PERM Filed (a self sponsored National Interest Waiver petition, for example)

3) The Immigrant Visa or I-485 is approved or denied.

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