Can I use an approved LC filed by my previous employer to extend my H1B beyond 6 years? I don’t know whether or not my previous employer revoked my LC.

Answer

A PERM labor certification expires after 6 months if the I-140 is not filed. It is possible to extend the H1B with employer B based upon a qualifying GC case with employer A. But, the GC case must be “alive.” If the PERM is still pending, the extension is a potential option depending on timing. If the PERM was approved and expired, that is not an option. (02.Mar.2015)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2015, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.