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Should we wait 365 days from filing PERM application in order to do H1B visa extn ?

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  • Should we wait 365 days from filing PERM application in order to do H1B visa extn ?

    Hello,

    I have about 10 months(including all recaptured days) before I complete 6 years stay in USA based on my H1B visa.
    If my Employer file the PERM application for GC now, Will I be able to extend my H1B visa based on the approved I-140 (considering that I-140 is approved before I complete the remaining 10 months) ?
    I am hearing of a 365 day rule, that says we can file for H1B extension beyond 6 years if the PERM is filed and is in process for 365 days or more.
    Has anyone faced such situation ?

    Thanks !!

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