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last day to file the perm

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  • last day to file the perm

    Hi All,

    First thank for having such a great site.

    My second H1B expires on Jan 4 2011 (this is the expire date on I797)

    My company is holding filling PERM till the last moment. I know perm has to be filled 365 dates before 6th year anniversary in order to extend H1B beyond.

    When I add years in H1B approval notice I get only 5 years.

    Does this mean I have to file it before Jan 4, 2010? or do I have more time till Jan 4, 2011? Please help

    I am really worried

    Thank in advance

  • #2
    Yes its true that you can get an extension on H1B after your 6th year only if your labour is pening for 365 days and more.

    But could you pls share the below details
    - when dis you actually reach US first?
    - Did you stay away from US during this period

    The 6 year eligibility on H1B is accounted from the date you land in US.
    Moreover you will get a benefit on the months you were away from US during this period, which means if necessary, you can go out of US for a couple of months any time in the next few months and take advantage of that

    Best of luck

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