Can I extend my H-1B while PERM is in progress?

Yes, in certain situations it is possible to extend the H-1B while PERM is in progress. PERM is an initial step on the path to an employment-based green card, and immigration rules provide that when a permanent residence process is already underway, the professional may continue renewing the H-1B even beyond the maximum period that normally applies.

In practice, this possibility is generally tied to how far the green card process has advanced. Extensions beyond the usual limit depend on the case having reached certain milestones in the immigration process, such as a certification step that has been pending for a sufficient length of time or an immigrant petition already approved on behalf of the worker.

Some important points:

• Both the employer and the professional must meet the requirements and deadlines set by immigration rules.
• It is essential to demonstrate that the process toward permanent residence is genuinely underway.
• Documentation must be accurate and up to date to support the extension request.

Because the exact criteria and milestones are defined by immigration regulations and may change, confirm the current requirements at the official source (USCIS) and evaluate your case with a specialist before counting on the extension.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.