QUESTION
Can I stay in the US after H1B expires if my PERM is already approved but I140 is not yet approved?
Asked on Apr 08th, 2014 on Immigration - Michigan
More details to this question:
Hello. I still have 2 more years in my H1B and my PERM is already approved. I have yet to file for I140. Can I stay in the US for more than 2 years even if I140 is not approved by then?
2 ANSWERS
Yes, because since it looks like your PERM was filed at least 1 year prior to your 6 years in H-1B status expiring, you will be able to extend your H-1B status beyond the 6 year maximum until you can file for your AOS and/or until AOS is approved.
Answered on Apr 09th, 2014 at 7:55 PM
If your labor application is approved, the I-140 needs to be filed within 6 months. After the I-140 is approved, you can extend the H-1B.
Answered on Apr 09th, 2014 at 6:31 PM