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Aman Kurukkait

365 days rule

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Hi All,

my h1b visa expires on 11 August 2021 and my I140 is in RFE and it may take some time from my company attorney to file RFE and H1B extension after 6 years maxout based on I140 but it may go beyond 11August.

Now my company is saying they will file 1 year extension based on 365 days rule but my PERM got completed in 7 months.

Prevailing wage : 2nd August

PERM filing(priority date): 22 October

If I count 365 days from 2nd August(Prevailing wage date) then only it makes 365 days but does 365 counter starts from 2nd August(Prevailing wage date) or it starts from PERM filing(priority date): 22 October?

Is it fine to apply 1 year extension based on Prevailing wage filing date?

What are my best option(go back and come back with stamping from India) etc.

Please help.

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