7th Year Extension Query

[sendilvera]

Hi,

 

My 6th yr is ending jan 2015, but my H1B valid until Oct 2015 same as my I94. Do i have to apply for 7th yr extension by Jan or i can be until Visa time and apply in October? Please assist.

 

Thanks

[jairichi]

Calculate when you finish your 6 years stay on H1B and accordingly employer can file for extension not more than 6 months before expiry. And, by the way on what basis are you eligible for extension?

[sendilvera]

thanks Jairichi ...

 

I been in US from Jan 2009 to Nov 2012 on L1B, then Nov 2012 to Jan 2015 is on H1 B. So total 6 yrs is coming up on Jan 2015. My guess is even though i got the H1B until Oct 2015, i should do H1 B Extension based on my PERM approval before Jan 2015. Please suggest..

[jairichi]

thanks Jairichi ...

 

I been in US from Jan 2009 to Nov 2012 on L1B, then Nov 2012 to Jan 2015 is on H1 B. So total 6 yrs is coming up on Jan 2015. My guess is even though i got the H1B until Oct 2015, i should do H1 B Extension based on my PERM approval before Jan 2015. Please suggest..

Approved PERM does not give you an extension. Only a PERM or I-140 pending for more than 365 days or approved I-140 gets you extension beyond 6 years on H1B.

[sendilvera]

Approved PERM does not give you an extension. Only a PERM or I-140 pending for more than 365 days or approved I-140 gets you extension beyond 6 years on H1B.

Yes. I have apporved PERM & pending I-140.

My question here is do i need a 7th yr extension, even though i have 10 month extra approved Visa?

[jairichi]

Yes. I have apporved PERM & pending I-140.

My question here is do i need a 7th yr extension, even though i have 10 month extra approved Visa?

If your 6 years max out by Jan 2015 and if you have an I-140 pending for more than 365 days then you are eligible for extension.

[sendilvera]

If your 6 years max out by Jan 2015 and if you have an I-140 pending for more than 365 days then you are eligible for extension.

thanks ..

 

My Current H1B is valid until October 2015, do i need to do an extension Jan 2015 or Sep 2015??

[jairichi]

thanks ..

 

My Current H1B is valid until October 2015, do i need to do an extension Jan 2015 or Sep 2015??

It does not matter till when your H1B visa is valid. Calculate the number of years you stayed in US on H1B. The day when it is 6 years then you have to leave US.