Legal Question in Immigration Law in Wisconsin

When labor certification application is pending for over a year or I-140 is approved, you can extend your H-1B beyond the 6th year. It means you should file the PERM before the end of 5th year of your H1B.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

PERM (also known as application for alien employment certification) can be filed anytime and is independent of nonimmigrant visa status (such as H1B). Information about PERM is here: www.h1b1.com/laborcert.htm

However, in order to extend H1B status beyond six years, the PERM application should be pending for at least one year, or I-140 approved. In any event, it is a good idea to file PERM anytime, since you may be able to recapture time that was spent abroad while in H1B status, or you may be willing to go abroad for a short while or change to another nonimmigrant visa category to allow for continued extension of H1B status if PERM is filed after the end of the fifth year in H1B visa status.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] if you require additional guidance.