Do you have to be in the US for the 365-day rule?

[debbie4 0]

Do you need to be physically in the US to use the 365-day rule that allows for 7th year of H1-B 365 days after PERM filing, or will US consulates apply the provision for a new H1-B visa as well? Thanks.

[JoeF 7]

That works for any H1 extension. Your employer would have to file an H1 petition extension. When that's approved you can get a new H1 visa.