Can my employer file PERM after my H1 B maxout date?

Hi Attorney,
My 6 year H1B will get exhausted by 25-Oct-2021. My employer yet to file PERM & currently “PERM Prevailing Wage Determination” process just started. I am calculating that the PERM initial process will take 4-6 more months and that will cross my Max out date.

  1. Is it possible to file PERM after H1B max out & return back with I140 & H1B extension approval ?
  2. Any idea how long Prevailing Wage Determination & Labor Market Test steps will take and any way to expedite it ?



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How is it possible to file PERM after h1b max out date? I dont think so. Please explain if possible

Green card job (PERM) is a future job position and can be applied any time, no matter if you are on H1B, H1B maxed out or no non-immigrant status at all and PERM beneficiary is not in the US.