I am currently working with Company X, and my H-1B is expected to reach the 6-year max-out limit in September 2026.
I have a PERM application in progress through Company B. I would like to confirm whether I can use the PERM filed by Company B to apply for an H-1B extension beyond September 2026 in Company X, I’m currently employed with Company X.
Could you please let me know if this is possible, and under what circumstances it would be allowed?
Thank you for your help.
Regardless of Comppany X or B, you must have the approved perm by the time you are filing your 6+ years of H1B status. With an approved perm, you can get UPTO one year H1B extension. If your i140 is approved, you MAY get UPTO 3 years of extension.
It really doesnt matter X or B filing your 6+ years of extension.
I’ve dealt with a similar H-1B planning situation before, and I know it can be confusing when PERM is filed by a different employer.
In your case, it is possible to extend your H-1B beyond the 6-year limit using the PERM filed by Company B, but certain conditions must be met. Typically, the PERM or I-140 should be filed at least 365 days before reaching the 6-year cap, which allows for one-year extensions under AC21 provisions. Make sure all documentation is clear and consistent, as USCIS will carefully review the connection between your current H-1B and the PERM from another employer.
When I needed guidance on navigating this process, I found it very helpful to consult a resource that explains H-1B extensions and document preparation:
https://consultantlm.com/service/h-1b-visa-application-for-skilled-workers
You can use your PERM approval to extend H1B beyond 6 years, PERM doesn’t have to be from the same employer that you are extending because PERM is for a future green card job.