Can I extend the H-1B if the PERM is in process?

The immigration process to the United States can be complex, especially when trying to balance the advancement of different stages, such as extending the H-1B visa and initiating the PERM process, which is part of the path to the green card. It is important to understand that each stage has its own requirements and deadlines.

In the case of the H-1B, there is the possibility of requesting an extension even if you are in the PERM processing phase, provided that the conditions determined by U.S. immigration are followed. Generally, this happens when the employer has already filed the green card petition (I-140) or when the PERM has been pending for more than 365 days.

In such situations, you may request extensions of the H-1B beyond the six-year limit – as long as you can demonstrate that the process towards permanent residency is underway, as provided in the rules of U.S. law.

It is worth remembering that each case is unique and both the employer and the employee need to strictly comply with the rules and deadlines imposed by the immigration service. Therefore, it is essential to closely monitor the progress of the processes and ensure that all documentation is correct and up to date in order to avoid future problems.

Consulting specialists with deep knowledge in the area can help avoid pitfalls, scams, or inadequate information spread in marketing campaigns that promise miraculous solutions. If you are in this situation, the best path is always to seek information through reliable channels and follow the United States immigration laws, which protect the rights of everyone involved.

In this way, you contribute to a secure process that complies with current legislation.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.