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Question about 6th year H1B extension and recapture time

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  • Question about 6th year H1B extension and recapture time

    My H1B will expire July 17, 2011, but I can recapture 90 days. My boss will file a labor certificate petition for me soon. However, no way we can file it by July 17. If we file LC by October 17, 2010, and it remains pending when my H1B expires next October, can I apply for an extension beyond sixth year? Thanks!

  • #2
    How can u do that?
    It should be pending for a year or approved.

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    • #3
      I applied a PERM before and it took more than one year because it was audited. If this one is audited, too, it could be pending when my 6th year H1B expires.

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      • #4
        July and August have 31 days . So if you file your labor before Oct 14 2010, you can extend your H1 for one year if still pending on Oct 17 2011 (after recapturing 90 days). Also, you can take a short vacation out of the country sometime later this year, so you can recapture those days if needed. Good luck.

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