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Case Stories
⏳ EB-3 PERM Pending - India/Unknown PD 2025-11
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⏳ **Case Status: Pending**
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An H-1B worker was laid off while their PERM application was pending at only 8 months in, before any I-140 was filed. The former employer will withdraw the PERM in August 2026, eliminating the priority date and any path to a 7th-year H-1B extension. The individual has approximately 18 months of H-1B time remaining and is exploring options including restarting PERM with a new employer, EB-2 NIW self-petition, and Canada relocation bridging.
A software engineer on H-1B was laid off while their PERM labor certification (filed November 2025) was still pending, before reaching the I-140 stage. The former employer confirmed the PERM will be withdrawn approximately 30 days after the official separation date of July 6, 2026. Key complicating factors include: only ~18 months of H-1B time remaining (including recapture), a 60-day grace period starting July 6, and the loss of a potentially valuable priority date once the PERM is withdrawn. The individual is exploring: (1) restarting PERM with a new employer and using a Canada bridging strategy, (2) EB-2 NIW self-sponsorship, and (3) whether the pending PERM can be leveraged for a 7th-year H-1B extension before withdrawal. The 7th-year extension path requires the PERM to have been pending for 365+ days, which would be reached in November 2026 — but the PERM withdrawal in August 2026 blocks this unless a new employer files a new PERM and it reaches 365 days independently.
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**[📎 View Original Post](https://www.reddit.com/r/immigration/comments/1u3lisn/got_laid_off_on_h1b_while_perm_was_pending_even/)**
*Source: Reddit PERM Labor*
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*This post was automatically curated from online sources to share real case experiences with the community.*
PERM withdrawals before I-140 filing result in complete loss of priority date — there is no portability or salvage mechanism at this stage. The 365-day rule for 7th-year H-1B extensions under AC21 applies to the specific PERM petition; a withdrawn PERM cannot be used by a new employer. Workers in this situation typically need to restart the PERM clock entirely with a new employer. Current PERM processing times at DOL are running roughly 12-18 months for non-audited cases, meaning a PERM filed today would likely certify in late 2027 or early 2028 — pushing I-140 and I-485 timelines further. With limited H-1B time remaining, negotiating immediate PERM filing as part of an offer is critical. Some employers are willing to expedite if the business need is documented. EB-2 NIW is a viable parallel path for SWEs who can demonstrate national interest, particularly in AI/ML or critical infrastructure domains, and does not require employer sponsorship.