H1B Extension after PERM Approval but no I140


A big thanks to this community for helping out H1B folks in USA.

My PERM was filed on Apr 16. Latest status in permchecker.com as on May 30, shows that the application filed on Apr 15 is approved as the latest update. My questions here are,

  1. My H1B 6 year (including recapture) max out on June 13,2019. Under an assumption and going by the current stats, I hope I would get my PERM approved next week (atleast before June 7). I understand that it takes atleast a couple of weeks to file I140 which would be after my max out date.Is it possible to file 1 year extension of H1B with approved PERM?

  2. Going by the stats shown on pemchecker.com, Is it safe to assume that my PERM would be approved anytime soon with in a week to the max?

Please share your thoughts. Thanks


No, Since you need to exhaust 365 days from the date of PERM filing (regardless of its approval).

its too optimistic expectation with slim chances of the target approval time.

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Thanks for your quick response.

I understand that we need to exhaust 365 days before filing 1 year extension. In my scenario, how can i continue to stay here until I get to I140 if my PERM gets approved before the max out date (which is June 15)?

Also regarding the slim chances you mentioned, i could notice the below in DOL Perm Checker.

PERM Stats for May 30, 2019

1000 records processed. Earliest is Sep 4, 2018 and latest is Apr 15, 2019

Isn’t that more realistic than being optimistic to assume that my application would be approved in the next few days? Could you please explain how the above stats is derived? If the above stats showing Apr 15 as latest is true, what might probably cause a delay in getting my PERM application approved which was filed on Apr 16, 2019? I apologize if these questions doesn’t make sense. I would really appreciate if you could share your thoughts to help me understand on this.

You are right - it is realistic expectation. However, you can’t bet on it and be prepared to wait like the guys who are waiting since Sep 2018. That’s all. Not that it is not going to be approved tomorrow(which is 2 days back and you might have you might have your approval by now).

Even in the best case scenario, if you have your PERM approved, it makes no difference as you can’t extend H1 until I-140 is approved. Your best option is to push the attorney to have the documentation ready for I-140, apply with premium as soon as PERM approval received, (hope you don’t get RFE) and apply for H1B extension before Jun 13 or be ready to leave the county until I-140 approval.

Good luck.