Can a 7th-year H1B extension be approved based on a denied PERM case that is being appealed?

Answer

Yes, if the PERM was filed at least 365 days before the expiration of the six-year H1B point, it is possible to obtain a 7th-year EOS as long as the PERM is “alive” in some stage. That includes situations where a denied PERM is on appeal. (29.Dec.2014)

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