One year increment beyond 6 years of H1B

[venky1806]

USCISs guidelines states:

8 CFR §214.2(h)(13)(iii)(D)(5): Advance Filing. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. May file before 365 days have elapsed as long as the LC or IV petition is filed at least 365 days prior to the date the period of authorization will take effect. May request time remaining in 6 years, including recapture time, at the same time as requesting a 1-year AC21 extension.

Should PERM be filed 365 days before H1B max out period or 365 days before filing for H1B extension? I have 2 years remaining on H1B and claiming extension for third year based on approved PERM (filed October 2019).


Any help is appreciated.

Thank You

[R78]

If perm is pending for 365 days, you can apply for the 7th year extension.
Yes, you can claim unused time
If perm is approved, you have no issues.
If I-140 is approved, you can claim 3 yrs

[venky1806]

Thank you for your resposne. I understand that with approved PERM I am eligible for one year extension beyond 6 years of H1B?

[R78]

yes

[venky1806]

Thank you