Filing for H1b extension 365 days after PERM filing

[Factor123]

Hi,

 

My 6th year on H1B will be complete on Nov 15th of this year, my Priority date is Jan 15th, 2014 and my PERM application is being audited. So after Nov 15th i will be out of status, and have to either leave the country or move to H4.

 

I am trying to determine what options I have, my attorney proposed the option where they can apply for 1 year H1B extension starting from 365 days after the Priority date. 

 

Based on this, i should be able to get H1B approved with start date of Jan 15th 2015. 

 

 

Can any one confirm the feasibility/validity of this? 

For the period between Nov 15th '14 and Jan 15th '15, I am looking into alternatives but if the above is going to work that will help me figure out a plan as i will be out of status only for 2 months.

 

Thanks.

[jairichi]

Do not doubt an attorney. What your attorney suggested is right. You can apply for COS to B2 or H4 for those 2 months.

[Factor123]

Thanks for the confirmation, i didn't mean to doubt, it was more of getting a clarification and to know if there are any strings attached that may apply to my situation.

 

Thanks again!

[swami2014]

My friend has completed six years of H1 in Jan2014. Since his perm certification was pending for less than year, he did not eligible for H1B extension. So to maintain a legal stay he changed his status to H4. Now in next month, his pending perm will complete one year. And as per forums, he will be eligible for H1B extension. Also since its extension request, he doesn't need to wait on H1 approval notice; he can start working on H1 application receipt itself.
Can he start working on H1 application receipt or Does he needs to wait on H1 approval? Could you please answer?  

[jairichi]

My friend has completed six years of H1 in Jan2014. Since his perm certification was pending for less than year, he did not eligible for H1B extension. So to maintain a legal stay he changed his status to H4. Now in next month, his pending perm will complete one year. And as per forums, he will be eligible for H1B extension. Also since its extension request, he doesn't need to wait on H1 approval notice; he can start working on H1 application receipt itself.

Can he start working on H1 application receipt or Does he needs to wait on H1 approval? Could you please answer?  

It is not an extension request as he is currently not on H1B but on H4 status. He needs to wait for approval.