1. Can I transfer to Day 1 CPT when my H-1B expires?
A reader asks:
My H-1B expires in September this year, and my company insists on starting the PERM application in the second half of this year. I’d be lucky to even get a PWD before it expires. In this situation, can I use Day 1 CPT to maintain my employment? If so, do I need to maintain CPT until the I-140 is approved, or until I get my green card?
Alan Lee, Esq. answers,
Yes, I agree that it would be very difficult for you to even get the prevailing wage determination by September if the company will not begin your PERM process until the second half of this year and your H-1B will be expiring in September (I assume that the expiration that you are talking about is for the six year limit on H-1B’s). For you to use Day One CPT, you would first have to change to F-1 student. You should also be aware that USCIS generally frowns on the practice and may give problems to your case in the future if you move in the direction, especially if your intended schooling is on the same level as your present degree. On your other question, you may hopefully be able to change back to H-1B when your labor certification application has been pending for one year or the I-140 petition is approved.
2. The I-140 petition must be filed within 180 days of PERM approval.
A reader asks:
My initial understanding was that H-1B visas could be renewed indefinitely under the following three circumstances: If a 1-year or 3-year PERM application is submitted and not approved after one year, it can be renewed for one year. After I-140 approval, it can be renewed for three years. However, I consulted a lawyer today, and she said she had never heard of the first situation. What’s going on? They handle all EB cases at their law firm, so they shouldn’t be unaware of this, right? Also, if the PERM is approved, but the I-140 hasn’t been filed yet, can I still renew my H-1B?
Alan Lee, Esq. answers,
Perhaps you did not express yourself clearly to the attorney, but you are correct that under AC- 21, a H-1B can be extended past the normal six year period of time if a labor certification has been going on for a year in which case the H-1B can be extended for one year. Where the I-140 has been approved, a three year extension can be requested so long as the priority date is not current. To your question of whether you can still extend the H-1B if the PERM is approved but the I-140 not yet filed, such can be done as long as 365 days have passed the PERM was filed. Kindly remember that the I-140 petition must be filed within 180 days of PERM approval.