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I have approved PERM with future employer. Can my current…

I have approved PERM with...
I have approved PERM with future employer. Can my current employer can file 7th year H1 extension using my approved perm copy of future employer?.Since I do not have my approved I-140 copy from employer , i want to get extension atleast using PERM.
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Answered in 47 minutes by:
3/14/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,314
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

Yes. You just have to have any unexpired PERM pending for longer than 365 days in order to get an extension beyond the 7th year.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Customer reply replied 4 months ago
It didnt really help me. i would clearly likely to know whether my approved perm 365 days ago is useful for 7th year extension with current employer. but you are answer is always on "unexpired PERM Pending". I am asking about " UNEXPIRED APPROVED PERM" is helpful to get 7th year extension.
Customer reply replied 4 months ago
since i do not have approved I 140 perm copy with me , i am asking about the PERM.
Customer reply replied 4 months ago
though it is approved , i cannot provide copy for requesting extension but i have PERM copy so that i am thinking to get h1 extension with perm copy since it is applied 365 days ago though perm is approved..

It means that after approval, you have 6 months to use it to file an I-140 or it is considered expired.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 4 months ago
we have used that to file I-140 and got I-140 approval also. Still that PERM considered as expired?

Then it is not considered expired. I have already explained to you that your problem is not with USCIS, your problem is with your employer that doesn't trust you and doesn't want to take the risk of filing for you and spending all that money on you unless they have some proof that you are eligible for additional extensions. Unfortunately, you will have to make an arrangement with the new employer to reimburse them if you are denied. Since you are sure you have an approved I-140 that was pending longer than 180 days, it's an easy risk for you to take. Please do not forget that positive rating. Thank you.

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Customer reply replied 4 months ago
will that only denies my extension or will it have any impact on my h1b?

Your extension will not be denied because you have an approved I-140. I hate to keep repeating myself, but your issue is NOT with USCIS. USCIS will approve a 3 year extension if everything else is ok with the extension petition because they will see that you have an approved I-140 that was approved more than 180 days ago and it will not matter if your previous employer withdraws it. You will still get a 3 year extension. Please leave a positive rating after this answer. I understand that you are nervous, but I don't know what else I can tell you as we seem to be going around in circles.

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Customer reply replied 4 months ago
thanks for your reply but small correction..my i-14o with future employer approved 2months ago.But Perm approved 18 months ago.1)If i convince my employer to apply with I-140 receipt number and PERM copy , is there any suggession to my attorney that what to mention requesting extension for me as i do not have approved i-140 copy.2) If my employer considered my request , what happens in the worst case with my H1 extension as i applying only with I-140 receipt number?
Customer reply replied 4 months ago
If they put RFE also , i cannot provide I-140 copy. in that scenario.. what would happen?

1) Just request the 3 year extension based upon the approved I-140 even though you may not have the receipt copy. USCIS is going to verify that anyway and when they see it, if they approve the extension, it will be for 3 years.

2) Worst case is that you do not actually have an I-140 approval and they will only transfer your H-1B to the new employer but with a limit until when your current I-94 expires.

They won't put RFE for a copy of the I-140 approval unless it doesn't exist in their system.

Please do not forget the positive rating. Thank you.

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Customer reply replied 4 months ago
Again your second answer confuses me. I am with my current employer only and also not planning to move to any new employer. i want to try h1 extension with my current employer only since i will be maxing out in 2 months. In case if i am not given h1 extension for any reason of no i-140 approval copy , then what happens in worst case?

My friend, it is late on a Sunday night. I ask that you please leave a positing rating for me after this answer.

Worse case scenario is that you have to leave the U.S. when your I-94 expires. If you max out, the only way to get an extension beyond the 6th year is to have an unexpired PERM pending for longer than 365 days (meaning, most likely, that the PERM has not been approved yet and has been pending longer than 365 days or is has been approved and it has not been more than 6 months since approval but over 365 days since it was filed, OR you have an approved I-140.

PLEASE leave the positive rating. Thank you.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,314
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 3 months ago
In my case , my I-140 is approved but employer not sharing the copy. unfortunatley there is no status update in USCIS site. But attorney received approval copy 2 months ago. when i apply for h1 extension , will they see USCIS site to see the status which is not updated since an year.

I understand that they are not sharing the I-140 approval notice. You wouldn't either if you had an employee that you spend a bunch of money on to get their green card process started and that employee just up and left you, but what I keep telling you is the USCIS will have that approval on record. They will see it to be able to grant a 3 year extension.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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