QUESTION
Can PERM approved by an Employer can be used by another employer to extend H-1B visa beyond 6 years?
Asked on Aug 27th, 2015 on Immigration - Indiana
More details to this question:
I have a PERM approval from an Employer A. This Employer 'A' can not file for 1-140 because the position is no longer a permanent position. The perm application was filed more than 365 days before the 6 year max on H1B. Can another employer apply for H1B extension for one year using the approved perm. The type of job is the same, but different employers. Please advice.
1 ANSWER
Immigration and Naturalization Attorney serving New York, NY
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The Law Offices of Grinberg & Segal, PLLC
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Yes, approved and still valid PERM or a PERM application pending for over a year can, unless withdrawn, be used by another attorney to seek extention of your H1B beyond six years in the genuine change of employer context.
Please see below:
http://myattorneyusa.com/immigration-law-and-practice/nonimmigrant-visas/work-visas/extending-h1b-status-beyond-the-6-year-statutory-limit
Answered on Aug 27th, 2015 at 2:47 PM