PERM pending for almost 365 days; 7th yr H1 Extn not filed yet

[Globalcitizen15]

Hi All,

 

I need some inputs on this as it seems these questions are not covered in any threads I looked at so far. 

 

My 6years on H1b were getting completed by Feb 15 2015.

My Perm was filed on May 15, 2014. I moved to Canada at the end of Nov 2014 as Perm decision was pending and its still pending.

 

Questions:

1. Can I file 7th year H1 extension based on the 365 day rule and how soon?

 

If yes and I get H1 Extn approval and return to US:

a) If my Perm decision comes as denied: Will I have to leave US immediately or I can stay till the validity of 7th year H1 Extn?

b) Can I get H1 transferred to new Employer and file a new Perm with new employer?

 

2. Can the 7th year H1 transfer/Extn be done by a New employer now itself based on the perm filed by my current employer & pending?

 

3. If H1 Extn itself is denied and later PERM denied too: What options do I have to enter & work in US?

 

Appreciate the help from the group.

 

Thanks!

[Globalcitizen15]

Hi,

 

Does anyone have any idea on these?

 

Thanks!

[ashuneel]

1. You Can  file 7th year H1 extension based on the 365 day rule  after May 15 2015.

 

If yes and I get H1 Extn approval and return to US:

a) If your Perm decision comes as denied: You  can stay till the validity of 7th year H1 Extn.

b) You Can  get H1 transferred to new Employer and file a new Perm with new employer.

 

2.  the 7th year H1 transfer/Extn cannot  be done by a New employer now itself based on the perm filed by my current employer & pending until may 15 2015.

 

3. If H1 Extn itself is denied and later PERM denied too you have to file cap exempt petition ( to use remaing time out of 6 years)  to enter & work in US.