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Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023

1 year ago By Chief Editor
Question details

My PERM was filed on November 1, 2023, and my current visa expires on October 10, 2024. Am I eligible to apply for a one-year extension based on the 356-day rule? If so, is July a good month to apply for a one-year extension?

OR do I need to travel back to my Country and apply for an extension after 1st November 2024?

 

FAQ Transcript

H-1B extensions beyond 6 years are possible through an approved I-140 or a PERM labor certification pending for 1 year. For PERM-based extensions, you can apply before the 1-year mark, but the extension only becomes effective after a full year. For example, if your PERM was filed on November 1, 2023, and your current H-1B expires in October 2024, you could apply for an extension in July 2024. However, the extension would only be effective from November 1, 2024. You may need to leave the country temporarily if there's a gap between your current H-1B expiration and the extension's effective date.

Second Random Selection from Previously Submitted Registrations Complete for FY 2025 H-1B Regular Cap

1 year ago By Chief Editor

USCIS recently announced they would need to select additional registrations for unique beneficiaries to reach the fiscal year 2025 H-1B regular cap numerical allocation. The projections indicate USCIS has now randomly selected a sufficient number of registrations for unique beneficiaries as needed to reach the regular cap from the remaining properly submitted FY 2025 registrations.

H-1B Grace Period Related Issues

1 year ago By Chief Editor
Question details

I have just 50 days left on my H1B grace period, and I need to get an employer to transfer my H1B, or I will be kicked out of the States. My question is, which of the following paths should I choose?

1) I have a Canadian visitor visa, which is for six months, so can I go to Canada if I don't get a job by the grace period?

2) If I don't get an employer should I shift on B1/B2? If I do, how can I come back on H1B? Is there anything else you suggest to keep my H1B active?

 

FAQ Transcript

1. Sure.  If you're not in the US, you can go anywhere. Please review my post on the immigration.com blog and my article in the Economic Times.

2. If you think it will be difficult to find a job for a long time and are okay with returning to school and earning another degree, you should consider CPT an option. If you do not think you'll get a job relatively quickly, you should try the B-1/B-2 option. People have been getting extensions to B-1/B-2. 

Recording for March 14, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

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FAQs: AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || Staying in and Working from Home Country with Long-Pending I-485

REMINDER: H-1B Initial Registration Period Closes March 22, 2024

1 year ago By Chief Editor

The initial registration period for the FY 2025 H-1B cap closes at noon Eastern on March 22, 2024. During this period, prospective petitioners and legal representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary. Online account users will also be able to collaborate on registrations and petitions with enhanced organizational account features in their online accounts.

USCIS Extends Initial Registration Period for FY 2025 H-1B Cap

1 year ago By Chief Editor

Release Date 

03/21/2024

USCIS has extended the initial registration period for the fiscal year (FY) 2025 H-1B cap. The initial registration period, which opened at noon Eastern on March 6, 2024, and was originally scheduled to run through noon Eastern on March 22, 2024, will now run through noon Eastern on March 25, 2024. USCIS is aware of a temporary system outage experienced by some registrants, and is extending the registration period to provide additional time due to this issue.

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