Quick Answer
A PERM suspension does not by itself end your ability to extend H-1B status past six years. One-year extensions remain available when a PERM or I-140 was filed at least 365 days earlier, and a frozen PERM still counts as filed. Three-year extensions remain available with an approved I-140 when a visa number is not yet available. The workers most exposed are those approaching six years with no PERM on file.
Summary
- The six-year H-1B limit has two exceptions tied to the green card process.
- A processing hold is not among the events that end one-year extensions under the regulation.
- An approved I-140 supports three-year extensions without a new PERM.
- Workers whose employer never filed PERM cannot start the 365-day clock at a suspended company.
- H-4 spouses are affected indirectly, since their work permits depend on the same milestones.
- USCIS has not said how it will treat a long suspension.
Introduction
When the Labor Department froze PERM processing for eight technology employers on October 8, the first worry in many households concerned a different document altogether. It was the H-1B approval notice and the expiration date printed on it.
The connection is not obvious to anyone outside the system. For hundreds of thousands of workers from India and China the green card case does a second job, which is to keep them lawfully employed past the six-year H-1B limit while they wait years for a visa number. A freeze at the first step of that case therefore reads like a threat to the job itself. The rules are more protective than that, although not for everyone. Our main report on the PERM suspension covers the announcement. This piece covers the clock.
What the Regulation Says
H-1B status is generally capped at six years, with time spent outside the United States available to be added back. Two exceptions in 8 CFR 214.2(h)(13)(iii) allow more.
| Route | What you need | Extension |
|---|---|---|
| Lengthy adjudication delay | A PERM or I-140 filed at least 365 days before the requested start date | One year at a time |
| Per-country limitation | An approved I-140 and no visa number yet available | Up to three years at a time |
Frozen Is Not Denied
The first route is the one the suspension appears to threaten, and the text of the rule is reassuring on this point. The regulation ends one-year extensions on a final denial, revocation or closure of the case, and a processing hold is none of those.
A worker whose PERM was filed 14 months ago therefore still has a filing old enough to support an extension. A worker whose PERM was filed four months ago still has a filing date from which the 365 days keep counting.
One caution belongs here. How USCIS treats a long hold is something immigration counsel are watching. This is the current reading of the rule and not a guarantee of how every petition will be decided.
The Stage With a Hard Deadline
Workers whose PERM was certified before October 8 face a different problem. A certified PERM is valid for 180 days, and if the I-140 is not filed in that window the certification expires. An expired certification ends the one-year route built on that case. The announcement did not pause this clock, so the certification date is the single most important date for anyone at this stage.
Why an Approved I-140 Changes the Picture
Workers with an approved I-140 who are waiting behind the per-country limit have a separate extension path that does not need a new PERM. There has been no announcement of a blanket cancellation of approved I-140 petitions.
This route also travels. A new employer can generally rely on an approved I-140 from a previous employer to request a three-year H-1B extension, which is why workers at this stage have more room to move than any other group.
The Group With the Least Protection
The suspension lands hardest on workers who are nearing six years and have nothing on file. A worker at one of the eight companies whose PERM has not been filed cannot start the 365-day clock while the suspension lasts.
That group may be larger than the headlines suggest. TCS said on October 9 that it had filed only a handful of PERM applications in the last two years, and reports indicate Infosys filed none in 2024 or 2025. Employees of those firms who were counting on a future filing now need another plan.
Three options are worth reviewing with an attorney. The first is recapture, which adds back the days you spent outside the United States. The second is a new employer. As announced, the suspension covers applications involving the eight named companies, so a PERM filed by a different employer is not caught by it. The third is a self-petitioned I-140 in a category that needs no PERM, which also starts the 365-day clock. Our comparison of EB2 NIW vs EB1A explains who may qualify. None of these is automatic.
What About H-4 Spouses?
An H-4 spouse can get a work permit only if the H-1B worker has an approved I-140 or is in one of the extensions beyond six years. A frozen PERM pushes that eligibility further out for families who have not yet qualified. Work permits already issued remain valid to the date on the card.
Is USCIS Treating These Employers Differently?
There is no announced restriction on H-1B filings by the eight companies. Reddy Neumann Brown reports that it has seen extensions and transfers involving certain companies approved less routinely than before and advises affected employees to check their I-94 validity now. That is one firm’s observation and not a published policy. It is still a sound reason to file early and keep your records complete.
Dates to Pull Today
- I-94 expiration date
- Six-year date after recapture
- PERM filing date and certification date
- I-140 filing and approval dates
- Priority date
Not sure how your dates line up? Visa-Pros can review them with you. Request a consultation.
A Note on Visa-Pros
Visa-Pros is the immigration practice of Weinstock Immigration Lawyers, a Georgia and Alabama firm led by Managing Attorney Karen Weinstock. The team handles H-1B petitions, PERM and employment-based green cards for employers and individuals. You can schedule a consultation or call (770) 913-0800.
Sources: 8 CFR 214.2(h)(13), 20 CFR 656.30, i9 Intelligence, Reddy Neumann Brown, Business Standard on TCS, Business Today
Frequently Asked Questions
In many cases yes. If the PERM was filed at least 365 days earlier, one-year extensions remain available under the regulation as written.
The rule counts from the filing date and nothing announced changes that. USCIS has not issued guidance on long suspensions.
No. An approved I-140 supports three-year extensions when a visa number is not yet available.
Check your recapture time first, then review whether a new employer or a self-petition fits your situation
Generally yes for H-1B extension purposes. The new employer still needs its own PERM and I-140 for the green card itself.
An existing permit stays valid to the date on the card. Renewal depends on your I-140 or extension status at that time.
Ready to Resolve Your Immigration Issue?
Whether it’s a work visa, green card, citizenship, or deportation defense, our Atlanta immigration attorneys are ready to help you find the best path forward.