‍

Understanding the H-1B landscape during PERM

H-1B holders must stay in valid status during the entire green card process, beginning with PERM labor certification. Because PERM does not grant immigration benefits on its own, maintaining H-1B lawful presence rules is essential. Any change in employer, job location, or job duties must follow amendment and compliance procedures to prevent status lapses. Since PERM timelines fluctuate, strategic planning ensures the employee can remain fully compliant while the employer completes required recruitment steps and Department of Labor reviews.

Maintaining lawful status while PERM is pending

During the PERM stage, foreign nationals must continue working in the H-1B role specified in their approved petition. This means remaining with the sponsoring employer unless properly transferring H-1B sponsorship. Changes to wages, location, or job functions may require updated filings to stay aligned with PERM pending period strategy. Beyond Border Global helps applicants anticipate compliance requirements while employers complete mandatory steps such as prevailing wage determinations and advertising. Keeping documentation consistent reduces issues later in the I-140 stage.

‍

‍

Staying compliant during I-140 filing

Once PERM is approved, the employer can file Form I-140, which establishes that the worker qualifies for an immigrant preference category. The I-140 filing does not directly affect nonimmigrant status, H-1B workers must still maintain uninterrupted lawful employment. Accurate job descriptions, wage verification, and proof of ability to pay strengthen I-140 petition stage stability. Alcorn Immigration Law provides clarity on how the I-140 interacts with H-1B extensions, ensuring no gaps occur.

How 2nd.law ensures evidence continuity

The shift from PERM to I-140 requires consistent job descriptions, recruitment results, and supporting materials. 2nd.law organizes documents to maintain alignment between stages so that no contradictions arise. This helps fulfill USCIS compliance obligations, particularly when evidence spans several months or years. Proper filing coordination minimizes risk during employer audits and I-140 adjudication.

How BPA Immigration Lawyers safeguard long-term stability

BPA Immigration Lawyers assist in securing evidence that supports extensions beyond the standard six-year H-1B limit if PERM or I-140 approvals meet AC21 provisions. They also recommend strategies for avoiding unintentional status violations when job changes, remote work arrangements, or corporate restructuring occur during the immigration timeline. Their guidance helps maintain immigration status without interruption.

Frequently Asked Questions

1. Does filing PERM extend H-1B status?
No. PERM alone does not confer benefits. Extensions depend on later stages like PERM approval or I-140 timing.
2. Can I change employers during PERM?
Yes, but the new company must start the PERM process again, and H-1B transfers must be compliant.
3. Does I-140 approval allow long-term extensions?
Yes. With an approved I-140, H-1B holders may extend status beyond six years.
4. What if my employer withdraws the petition?
H-1B transfers must occur quickly to maintain lawful presence.
5. Can remote work affect PERM or H-1B status?
Yes. Job location changes often require updated filings or notices.

‍