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H1B maxout Aug02 , 3 months less for 365 days perm pending rule

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Below are the timelines for my perm.
1) Perm applied date is october 24 2019.
2) Audit received date is June 6 2020.
3)H1B Max out date is Aug 02 2020.
If perm process is pending from 365 days , H1B extn can be filed for 1 year.But in my case i complete only 9 months of perm process pending time by my maxout date(Aug 02 2020).In this case can i get converted to visitor visa(B2) for 3 months (Aug, Sep and oct ) untill i reach 365 days of perm pending and can i convert back to H1 by filing 1 year extn ? or is there any rule that perm 365 days pending status should be before maxout date? and not after maxout date for applying extn

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