H1B 7th year extension based on Pending PERM

[kathu]

Hi Friends
H1B max out date is Sep 24 2014 . PERM filed on Sep23 2013 and it is under audit.. The 365 days completion is just 1 day before H1b max out ( after all recapture time) .

I was planning to return back to India and file 7th year extension from there. But now I heard that we can submit the h1b extension application before 365 days, saying that the PERM is under audit, and I will be eligible to extend my stay after Sep 23 2014 that is actually more than 365 days to the pending PERM.
Is this true? Can anyone confirm this?

I want an extension after Sep 24 2014, for that can I submit the H1B extension application before 365 days of pending PERM?

I know in normal H1B extension, we apply the extension petition before 4-5 months. Like that, Is this possible to submit the H1B extension application before 365 days since I am requesting the extension for the later period?
Experts please help.

Thanks
Kathu

[raghvi]

Hi Friends
H1B max out date is Sep 24 2014 . PERM filed on Sep23 2013 and it is under audit.. The 365 days completion is just 1 day before H1b max out ( after all recapture time) .

I was planning to return back to India and file 7th year extension from there. But now I heard that we can submit the h1b extension application before 365 days, saying that the PERM is under audit, and I will be eligible to extend my stay after Sep 23 2014 that is actually more than 365 days to the pending PERM.
Is this true? Can anyone confirm this?

I want an extension after Sep 24 2014, for that can I submit the H1B extension application before 365 days of pending PERM?

I know in normal H1B extension, we apply the extension petition before 4-5 months. Like that, Is this possible to submit the H1B extension application before 365 days since I am requesting the extension for the later period?
Experts please help.

Thanks
Kathu

You can file before hand and request the start as of the 365th Day onward :
Read http://www.uscis.gov/sites/default/f...ntrm051205.pdf

an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days
from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted

This is my opinion not legal advice.

[kathu]

You can file before hand and request the start as of the 365th Day onward :
Read http://www.uscis.gov/sites/default/f...ntrm051205.pdf

an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days
from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted

This is my opinion not legal advice.

Thank you Raghvi.

[jose_c]

Regarding extension

Hi guys, I have a question regarding this. I am in L1B visa (completing 5 years in March 2015 and going back to India) and my PERM was filed in May 2014, i didnt get H1B lottery this year. My company might apply in next year's H1B quota (FY 2016 quota).

In this case, will I eligible for a one year extension (apply by April 2016, considering H1B expires in October 2016) ?

I am confused about the last statement in below paragraph (from USCIS website). If some one knows this, please clarify. Thanks for your help.

7th Year H-1B Extensions Under AC21 104(c) and 106(a) - Question 2 in Page of below PDF

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm122705.pdf

The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

[raghvi]

I think you got the Year mixed up. Your employer would file H1 in April 2015, and if selected the H1 start date would be Oct 2015. As you have already spent 5 Years in L1 status, the H1 would most likely be valid from Oct 2015 till Oct 2016. Before expiry of H1 in Oct 2016, you can apply for H1 extension, based on pending PERM or approved I140. Of course, if PERM is denied or I140 rejected its a different story, you would need to find another employer.

This is my opinion not legal advice.