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H1B extension during/after 6 th year

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  • H1B extension during/after 6 th year

    Hi Ron,

    My PERM was filed on 4/11/2011 and got an audit on my PERM.
    My 6ht year H1 was supposed to expire on 1/15/2012. Since I didn't have 365 days gap, I went out of U.S for 90 days and returned recently. If I recalim the 90 days, the final date would be 4/15/2012 and it would make up for the 365 days gap.

    My current visa is going to expire on 1/15/2012. Now I am trying to file my extension.

    Questions

    1) Can my company file an extension based on pending labor considering the 90 days available?
    or
    2) Do they need to file one extension to claim the 90 days and to get a work permit till 4/15/2012?
    and then file another extension next year based on pending labor.

    Please let me know if option 1 is available and possible. or let me know if I need to go to the second option?

    Thanks for your help.

    Regards
    Koti

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