Legal Question in Immigration Law in Washington

It is not by law but it is one way to have a pending labor certification for 365 days which will allow you to get a more than 6 year extension on your H1B. The other options are to get an approved I-140 which will allow for another 3 years increment extensions until the I-485 available. There are many other options that I highly recommend discussing with a reliable and knowledgeable immigration lawyer.

Good Luck

Shah Peerally

http://peerallylaw.com

510.742.5887

Founder and Managing Attorney of Shah Peerally Law Group PC

The Law Firm Deals in Immigration law & Debt Settlement Negotiations.

Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer or a fee agreement is signed by the attorney and the client

There is no requirement that the application for labor certification (also known as PERM) must be filed by your employer at least 365 days prior to reaching 6 years in H1B status. However, extension of H1B status beyond six years is possible with either PERM pending for at least 365 days prior to reaching 6 years in H1B status, or if I-140 is approved by the USCIS prior to reaching six years. For example, it is entirely possible for PERM to be certified by the Department of Labor within 3 to 6 months of filing, and I-140 to be approved by USCIS within 15 days of filing if filed through premium processing, and thus extension of H1B beyond six years can be obtained even if PERM was actually filed only a few months prior to reaching six years.

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