Does my H1-B extension going to be denied based on pending PERM?

[patela_24]

idhi na background-

1. Employer A nunchi I-140 EB2 lo PD March 2014 undhi

2. Employer B ki moved with current H1-B valid until Sep 2023. But they delayed on starting on my PERM application. Finally koncham traction vachindhi and they're going to get with attorney to start the PERM process ASAP. Prevailing Wage Determination inka start cheyaledhu

3. Lets say, PERM process inka pending untey, for ex: even until July/Aug 2023, then would this become a problem for filing H1-B extension. 

 

Already priority date current undhi according to April 2022 VISA bulletin i.e. Sep 2014 in "Dates for filing" table (my pd: March 2014)...Online lo ee issue scenario gurinchi search chesthey, noticed that H1-B extension beyond 6 years requires I-485 to be filed before 365 days with current employer ani undhi in order to qualify for one year increments.... worst case lo does this mean, my H1-B extension doesn't qualify if I won't be in a position to apply I-140 with PERM still pending before H1-B extension cutoff due date.  ?? mothanikey U.S vadhili India ki vellalsi vasthadha?? or, can I still qualify for H1-B extension atleast in one year increments next year stating the PERM process still pending with Department of labour although the priority date is current at that point of time??

asalu burra pani chesthaledhu ee scenario gurinchi aalochisthuntey... koncham experienced people, please share your inputs.... repu attorney thoti call undhi, and will discuss on the same 

[csrcsr]

10 minutes ago, patela_24 said:

idhi na background-

1. Employer A nunchi I-140 EB2 lo PD March 2014 undhi

2. Employer B ki moved with current H1-B valid until Sep 2023. But they delayed on starting on my PERM application. Finally koncham traction vachindhi and they're going to get with attorney to start the PERM process ASAP. Prevailing Wage Determination inka start cheyaledhu

3. Lets say, PERM process inka pending untey, for ex: even until July/Aug 2023, then would this become a problem for filing H1-B extension. 

 

Already priority date current undhi according to April 2022 VISA bulletin i.e. Sep 2014 in "Dates for filing" table (my pd: March 2014)...Online lo ee issue scenario gurinchi search chesthey, noticed that H1-B extension beyond 6 years requires I-485 to be filed before 365 days with current employer ani undhi in order to qualify for one year increments.... worst case lo does this mean, my H1-B extension doesn't qualify if I won't be in a position to apply I-140 with PERM still pending before H1-B extension cutoff due date.  ?? mothanikey U.S vadhili India ki vellalsi vasthadha?? or, can I still qualify for H1-B extension atleast in one year increments next year stating the PERM process still pending with Department of labour although the priority date is current at that point of time??

asalu burra pani chesthaledhu ee scenario gurinchi aalochisthuntey... koncham experienced people, please share your inputs.... repu attorney thoti call undhi, and will discuss on the same 

Ayyo dint think much u already have 140 approved your h1 extension has no issues 

But in the other note S your pd is current I'm eb2 if possible go to old employer and apply 485 if this taking long time malli chance vastado raado

[ARYA]

No

[patela_24]

8 minutes ago, csrcsr said:

Ayyo dint think much u already have 140 approved your h1 extension has no issues 

But in the other note S your pd is current I'm eb2 if possible go to old employer and apply 485 if this taking long time malli chance vastado raado

ala kaadhu bhayya... new employer H1B extension file chesey lopu, I should have atleast PERM processed with them and premium lo I140 concurrent with I485 veyyali before filing for H1b extension ani anukuntunna... but idhi ideal case scenario if everything goes well... but if PERM in itself takes too long like an year from now, then I'd be nearing the due date on my current H1-B expiry time and need to file an H1-B extnsion... ee case lo PERM inka pending lo untey , can attorney help USCIS understand that due to circumstances beyond control (like PERM still in processing with DOL), I was not in a position to apply I-140 with I-485 with PD being current and request for one year increment on H1-B extension...

 

I'm sure others had also faced similar issue who ever changed employers in a wrong time at the end of their 6 year H1-B quota with priority date current but their hands are tied as they cant go for I-485 adjustment of status unless new PERM gets approved with new employer.... 

[patela_24]

ltt... 

[patela_24]

Ltt

[zoombi]

No that's not true, I moved to New employer in 2018 and in 2021 I also applied h1b extention and got approved, still did not start GC process with new employer.

You can file n number of h1bs with your previous employer I140.

[duryaodhana]

5 hours ago, patela_24 said:

ala kaadhu bhayya... new employer H1B extension file chesey lopu, I should have atleast PERM processed with them and premium lo I140 concurrent with I485 veyyali before filing for H1b extension ani anukuntunna... but idhi ideal case scenario if everything goes well... but if PERM in itself takes too long like an year from now, then I'd be nearing the due date on my current H1-B expiry time and need to file an H1-B extnsion... ee case lo PERM inka pending lo untey , can attorney help USCIS understand that due to circumstances beyond control (like PERM still in processing with DOL), I was not in a position to apply I-140 with I-485 with PD being current and request for one year increment on H1-B extension...

 

I'm sure others had also faced similar issue who ever changed employers in a wrong time at the end of their 6 year H1-B quota with priority date current but their hands are tied as they cant go for I-485 adjustment of status unless new PERM gets approved with new employer.... 

No issues. H1 extension ki em problem ledu.. and 3 year extension vasthundhi 

[csrcsr]

6 hours ago, patela_24 said:

ala kaadhu bhayya... new employer H1B extension file chesey lopu, I should have atleast PERM processed with them and premium lo I140 concurrent with I485 veyyali before filing for H1b extension ani anukuntunna... but idhi ideal case scenario if everything goes well... but if PERM in itself takes too long like an year from now, then I'd be nearing the due date on my current H1-B expiry time and need to file an H1-B extnsion... ee case lo PERM inka pending lo untey , can attorney help USCIS understand that due to circumstances beyond control (like PERM still in processing with DOL), I was not in a position to apply I-140 with I-485 with PD being current and request for one year increment on H1-B extension...

 

I'm sure others had also faced similar issue who ever changed employers in a wrong time at the end of their 6 year H1-B quota with priority date current but their hands are tied as they cant go for I-485 adjustment of status unless new PERM gets approved with new employer.... 

Bro  you atree mixing up things first stay calm your h1b extension has no issues

Let the perm gets approved then u can file 485 either concurrentl( which no one in db suggests because the file goes to lin or src) or first 140 then 485

[TOM_BHAYYA]

Don’t think much..

once you have approved 140 from one employer you won’t have any issues in filing h1 extensions ..

and don’t even think about non-profit org issue for eb2 485.. non-profit is an issue for masters H1 Cap not for eb2 GC process.. don’t mix

[President]

I went through same situation and panic as I didn’t get help who went into this scenario. Reached out to different attorneys who had different answers.

My PD current more than two years but my perm delayed by new employer by the time my first extension is due. Rfe ichadu and then came to know about this rule. Rfe as usual why 485 not submitted. Ma vallu aa patha job (old employer) ledhu to apply now and new one perm is going on ani asked. Naku telisi idhi exception 1 year extension ichadu and for sure ipudu Nenu apply cheyali. Got perm and doing next steps. 
 

you won’t get much help but i had same questions too whether I will be exempt or non exempt. Other option is be on some dependent visa if you have any and apply h1 as and when 485 is submitted or last lo regular lo h1 vesi query vachetapatiki  485 vasthundi emo.. ledhante na la 1 year vasthe u r safe considering taking 2 years time for perm end to end.

dm me if u have questions 

[President]

4 minutes ago, TOM_BHAYYA said:

Don’t think much..

once you have approved 140 from one employer you won’t have any issues in filing h1 extensions ..

and don’t even think about non-profit org issue for eb2 485.. non-profit is an issue for masters H1 Cap not for eb2 GC process.. don’t mix

Don’t provide wrong info .. extensions are allowed only ur dates are not current , if current 140 rules don’t apply.. consequences are worst 

[President]

3 minutes ago, President said:

I went through same situation and panic as I didn’t get help who went into this scenario. Reached out to different attorneys who had different answers.

My PD current more than two years but my perm delayed by new employer by the time my first extension is due. Rfe ichadu and then came to know about this rule. Rfe as usual why 485 not submitted. Ma vallu aa patha job (old employer) ledhu to apply now and new one perm is going on ani asked. Naku telisi idhi exception 1 year extension ichadu and for sure ipudu Nenu apply cheyali. Got perm and doing next steps. 
 

you won’t get much help but i had same questions too whether I will be exempt or non exempt. Other option is be on some dependent visa if you have any and apply h1 as and when 485 is submitted or last lo regular lo h1 vesi query vachetapatiki  485 vasthundi emo.. ledhante na la 1 year vasthe u r safe considering taking 2 years time for perm end to end.

dm me if u have questions 

This one year current date is valid on action date

[TOM_BHAYYA]

2 minutes ago, President said:

Don’t provide wrong info .. extensions are allowed only ur dates are not current , if current 140 rules don’t apply.. consequences are worst 

Odiyamma ee clause undha 

[csrcsr]

10 minutes ago, President said:

Don’t provide wrong info .. extensions are allowed only ur dates are not current , if current 140 rules don’t apply.. consequences are worst 

Bro 1 year vastadi kada ??? Pakka