If I’m in my 5th year of an H1 B visa and was planning to apply for my green card, how long on an average does it take for the PERM approval to come?

And after the PERM approval, the I-140 premium process will take how much time?

Asked on February 17, 2015 under Immigration Law, New Jersey


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It really depends on how long the process will take in your particular situation.  But if you are already in your 5th year of H-1B, it may be too late for you to do this if you are relying on being able to extend the H-1B status beyond the 6 year maximum.  Remember that PERM must be FILED before the end of your 5th year in H-1B status to be eligible to extend beyond the 6 year maximum.  In order to get the PERM filed, there has to be some prefiling recruitment done by the employer and that typically takes at least 90 days (minimum).  If you have at least that much time left, I would urge you to get the process started as soon as possible.

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