i140 and 1 year extension after 6 years h1b


My 6 years on h1b visa will expire on Jan 2018. Hopefully my employer will start GC processing by this August.

  1. How long does it takes to get Labor certificate approved ?

  2. For 1 year extension, do I need to have my labor certificate application submitted before 5th year or does it have to be approved before 5 years completion.
    Or do I need to have application for i140 submitted before completing my 5th year in h1b to apply for an 1 year extension (This case is applicable if my i140 is not approved before Jan 2018 ).

  3. I received 221g on my first h1b visa stamping on 2010. So do I need to worry about 221g once I go for stamping after i140 approved?

  4. If I move to a different company now, technically do they have to wait 3 or 6 months to file labour certificate or can they start the processing immediately.

Appreciate your reply!


  1. PERM processing is taking around 8 months in regular processing, while audited petitions are taking longer. Look at processing times here: https://icert.doleta.gov/

  2. For 1 year extension, by end of 6th year either PERM should have been pending for more than 365 days, or PERM should be approved but I-140 should be pending.

  3. You may still receive 221g even after getting I-140 approval. That holds true for anyone

  4. They can start immediately if they want to