More employers and H-1B workers should be thinking about a non-frivolous long shot EB-2 NIW petition to "buy time" to complete PERM. This post explains what I mean.
In this scenario, ie when an NIW I-140 is pending, can a PERM based I-140 file and approved after year six still allow for 3-year H1B, even if it was filed after year six?
A person can file an EB-2 NIW I-140 and the EB-2 NIW I-140 might make a person eligible for a 7th year of H-1B time and that might 'buy enough time' for an employer to do PERM and then the PERM-based I-140 would give them 3 years of H-1B time (beyond the 7th year). This assumes the priority date is not current but sadly that is a safe assumption.
This is admittedly a complex strategy but sometimes a viable strategy for a person running out of H-1B time.
In this scenario, ie when an NIW I-140 is pending, can a PERM based I-140 file and approved after year six still allow for 3-year H1B, even if it was filed after year six?
A person can file an EB-2 NIW I-140 and the EB-2 NIW I-140 might make a person eligible for a 7th year of H-1B time and that might 'buy enough time' for an employer to do PERM and then the PERM-based I-140 would give them 3 years of H-1B time (beyond the 7th year). This assumes the priority date is not current but sadly that is a safe assumption.
This is admittedly a complex strategy but sometimes a viable strategy for a person running out of H-1B time.
Thank you. I thought a PERM-based I-140 had to be approved before the end of year 6 to allow for a 3-year extension.