PERM audited 7th year extension questions

[sushruta]

Hi

 

My husband filed for his PERM in Sept 2013 and it was audited in April 2014. His H1 expires in Sept 2015. As far as I read it states that you can apply for a 7th year extension if more than 365 days have passed since filing any Labor certification. But I also read that you cannot apply for an h1 extension 6 months before the expected start date. My questions are this?

 

- When is the earliest I can apply for a 7th year extension assuming the PERM is still pending.( the audits are taking a long time and they are currently processing Feb 2013).

- Suppose the perm is still pending in Dec 2014- can I request a start date of June 2015 and apply for 7th year extension even though my current H1 expires in Sep 2015.

 

The reason I am asking is to consider ways of buying some additional time in the US before we relocate back.

 

Any help is appreciated ! Thanks!

[t75]

He needs to discuss this with his employer. His presence on a project may be needed.

[sushruta]

Thanks for replying. But my question is regarding what is legally permissible w.r.t 7th year extension.

[t75]

You have over a year to the H1B expiration. Much can happen in that time. Patience!

[krissstays1]

For as long as his case is pending, he is eligible for 1 year extensions on H1. I am on a similar case and am on my 8th year of H1.