Immigration Law Questions? Ask an Immigration Lawyer.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Your PERM has to be started 365 days before your H1B expires. Or your PERM and I-140 have to be both approved if you are within the 365 days.
Your sponsor can be prospective in nature. You do not have to be working for them to be able to use the AC21 extension beyond the 6th year as long as you have the PERM filed or the I-140 approved.
Thank you for your reply. I think I was not clear and forgot to mention something on my question.
I am already on my 6 year has an H1 resident doctor finishing my specialization here in Michigan. The issue is I need 3 more months after expiration of my H1b before I can finish my residency.
I do have a prospective employer in florida who is willing to start my PERM. Can I basically extend my H1 for another 3 months with my current employer (in Michigan) before moving to my new employer in Florida?
Hi doc Jason,
No you cannot get an extension for just 3 months beyond the completion of your 6th year unless the PERM was file 365 days before the expiration of the 6th year.
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