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Why maintaining legal status matters during PERM and I-140

The PERM and I-140 stages can take months, sometimes years. During this time, applicants must maintain a valid nonimmigrant status, such as H-1B, L-1, O-1, F-1 OPT, or TN, to remain legally in the United States. Failure to maintain status can jeopardize the entire employment-based green card process, even if the PERM or I-140 is approved. USCIS strictly enforces compliance, making continuity of lawful presence essential.

Maintaining status during PERM processing

PERM itself does not provide immigration status. Applicants must maintain their underlying nonimmigrant category while PERM is pending. Common strategies include H-1B extensions, L-1 renewals, O-1 maintenance, or transitions to other categories when appropriate. Ensuring uninterrupted presence satisfies maintaining status during PERM requirements and keeps applicants eligible for I-140 and later adjustment processes.

How Beyond Border Global supports status continuity

Beyond Border Global helps applicants understand processing timelines and maintain stability throughout long PERM stages. Their guidance ensures applicants remain compliant with US immigration compliance by aligning status expiration dates with the PERM and I-140 process. Their strategic planning prevents gaps in lawful presence while applicants await green-card decisions.

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Maintaining status while I-140 is pending

I-140 approval is an important milestone, but the pending period still requires lawful status maintenance. Applicants may continue in their existing nonimmigrant status or switch categories to maintain flexibility. Options depend on their current visa, employment circumstances, and eligibility for extensions. Ensuring status continuity satisfies USCIS expectations for I-140 pending status options, reducing risks of interruption or denial.

How Alcorn Immigration Law safeguards nonimmigrant visa continuity

Alcorn Immigration Law assists applicants in evaluating visa categories and selecting those most suitable for extended timelines. Their guidance helps applicants maintain nonimmigrant visa continuity through renewals, transfers, and category adjustments. This ensures legal presence throughout PERM and I-140 stages while preventing inadvertent violations.

How 2nd.law organizes documentation for compliance

Complex timelines require organized documentation to avoid errors. 2nd.law prepares and manages critical paperwork, including extensions, renewals, transfer petitions, and compliance records. Their structure reinforces US immigration compliance by ensuring that filing dates, status periods, and expiration deadlines align precisely with employer and USCIS requirements.

How BPA Immigration Lawyers help maintain lawful presence

BPA Immigration Lawyers assist applicants in navigating lawful presence concerns, filing bridge petitions, and resolving status gaps. Their support ensures individuals remain compliant during the employment-based green card process, even when delays occur. Their strategies help applicants avoid unlawful presence accrual that may trigger future immigration barriers.

Common mistakes when maintaining status during PERM and I-140

Applicants sometimes allow their status to expire believing the PERM or I-140 filing protects them. Others misunderstand grace periods, travel restrictions, or change-of-status rules. Failing to track visa expiration dates or maintain employer compliance can also result in lapses. Avoiding these mistakes is critical for remaining eligible for adjustment of status later.

Frequently Asked Questions

1. Does filing PERM give me legal status?
   No, you must maintain your underlying nonimmigrant status.
   
   
2. Can I travel while PERM or I-140 is pending?
   Yes, if you have a valid visa and meet reentry requirements.
   
   
3. Can I switch employers during PERM?
   No, but you may switch after I-140 approval with careful planning.
   
   
4. Does I-140 approval extend H-1B status?
   Yes, in many cases applicants become eligible for multi-year extensions.
   
   
5. What happens if I fall out of status?
   It may jeopardize the entire green-card process and future immigration eligibility.

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