Please Help - URGENT - H-1B extension

[hrisipisi]

I currently have an H-1B that expires on 8/31/2012. I will apply for an extension on 04/02 with folowing dates of employment:
1. LCA was approved for 9/1/2012 thru 8/31/2015
2. I-129 will have 10/01/2012 thru 8/31/2015 (my understanding is that I cannot put a date earlier than 10/01)

What happens for the one month gap (September 2012)? Is that covered under old or new?

Thanks.

[shervin143]

I am NOT following you. Why won't your H1B extension (I-129) filed for the period 9/1/2012 to8/31/2015? Why does it has to be from 10/01/2012? October 1st start date is only for the new H1B petition filed under the 2013's CAP and not for extensions or transfers.

I currently have an H-1B that expires on 8/31/2012. I will apply for an extension on 04/02 with folowing dates of employment:
1. LCA was approved for 9/1/2012 thru 8/31/2015
2. I-129 will have 10/01/2012 thru 8/31/2015 (my understanding is that I cannot put a date earlier than 10/01)

What happens for the one month gap (September 2012)? Is that covered under old or new?

Thanks.

[hrisipisi]

Are you sure that the 10/01 rule doesn't apply for extensions? I did not see any exceptions listed in the instructions... Is there a law that I can check?

Thanks.

I am following you. Why won't your H1B extension (I-129) filed for the period 9/1/2012 to8/31/2015? Why does it has to be from 10/01/2012? October 1st start date is only for the new H1B petition filed under the 2013's CAP and not for extensions or transfers.

[shervin143]

Well, consult an immigration attorney and they will be able to guide you with the law related to this.

Are you sure that the 10/01 rule doesn't apply for extensions? I did not see any exceptions listed in the instructions... Is there a law that I can check?

Thanks.