PERM filed 10/2022

[Michele_Carvalho]

Guys, I’d like some advice.

My PERM was filed on 4/10/2021, A-21270-*****, and my H1B expires in Nov/2022.

My employer is willing to pay I-140 and I-485 for me and my family, as long as he doesn’t have to pay the H1B extension.

My question is, whether or not I should do this extension, and what my options are.

Thanks

[Kalpesh_Dalwadi]

Per INA (Immigration and Nationality Act), petitioner/employer has to pay H1B fees while employee is allowed to pay green card processing (I-140/485/765/131) fees.

[Michele_Carvalho]

I know. The issue is that if they have to do the H1B extension, I will have the cost of the I485, otherwise they will pay the whole process for me and my family.

[Kalpesh_Dalwadi]

You should elect to pay for GC as you can’t pay for H1B.

H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker | USCIS

[Michele_Carvalho]

Thanks for help!

The question is whether it would be safe to wait longer for the PERM result, and if it is not audited, not extend the H1B and proceed with the immigration process, I-140/485/765/131…

[Kalpesh_Dalwadi]

@Michele_Carvalho

The question is whether it would be safe to wait longer for the PERM result, and if it is not audited, not extend the H1B and proceed with the immigration process, I-140/485/765/131

It is recommended to maintain non-immigrant status till you get your green card. Also unless you are applying in EB1 or not a China/India born, based on your PD GC may take several years.