PERM pending for 1 year, currently on H4 can I apply for 1 yr H1B extension?

[phantastic81]

Hello - need immediate advice on the situation below - will be quite grateful. 

 

6 year H1B expired (including recapture time) = May 2013 

Status since May 2013 = H4 (haven't left the country and thus I am not on a H4 visa just on H4 status)

PERM with audit pending for more than 365 days (PD: Nov 2012, Audit: March 2013)

 

Can a 1 year H1B extension be filed with USCIS?

 

Thanks in advance. 

[jairichi]

Hello - need immediate advice on the situation below - will be quite grateful. 

 

6 year H1B expired (including recapture time) = May 2013 

Status since May 2013 = H4 (haven't left the country and thus I am not on a H4 visa just on H4 status)

PERM with audit pending for more than 365 days (PD: Nov 2012, Audit: March 2013)

 

Can a 1 year H1B extension be filed with USCIS?

 

Thanks in advance. 

I believe so if your employer is having a job ready for you. Wait for others opinion.

[pontevecchio]

Ordinarily, Yes. Since there have been recent changes in interpretation which suggest you do need at least some time left from the initial 6 years you should contact the Lawyer and ask.

[csrkk]

Yes, you should be eligible for 7th year extension. 365 days out of country is only to go for fresh H1 through CAP.. you are good for 7th year ext not subject to CAP...

[abhisheksjain]

Does this mean, if I am in this condition I should remain on H1 and wait for I-140 to approve before filing H1 or any other safe suggestion.

[abhisheksjain]

Hi,

Did you able to file H1 after 365 days of PERM pending and did you have it approved.

Please let us know, this answer will be a great help.

Thanks

[pontevecchio]

A recent Murthy Lawyer reply suggested that one needs to keep a few days of H1 in reserve to avoid trouble.

[phantastic81]

Thank you all very much for your prompt replies. I confirmed with my company's lawyer and yes this 1 yr extension can be filed indeed. So thats exactly what I am going to do via 15 day premium processing. 

 

Cheers,

[jairichi]

Thank you all very much for your prompt replies. I confirmed with my company's lawyer and yes this 1 yr extension can be filed indeed. So thats exactly what I am going to do via 15 day premium processing. 

 

Cheers,

Good to know. Thanks for updating attorney's opinion.

[abhisheksjain]

Thank you all very much for your prompt replies. I confirmed with my company's lawyer and yes this 1 yr extension can be filed indeed. So thats exactly what I am going to do via 15 day premium processing. 

 

Cheers,

phantastic81 let us know how 1yr H1 extension process goes and tip if any before filing.

[phantastic81]

Good news all - H1B Extension (1 year extension since Audit pending for more than 365 days) was filed last week in premium processing and was approved today. 

 

Good luck to all others who are in tough immigration situations - I still need to navigate through a few more related situations but this is a good first baby step. 

 

Wanted to post this update mainly to encourage folks to stay positive and stay focussed. 

[kp1180]

Good news all - H1B Extension (1 year extension since Audit pending for more than 365 days) was filed last week in premium processing and was approved today. 

 

Good luck to all others who are in tough immigration situations - I still need to navigate through a few more related situations but this is a good first baby step. 

 

Wanted to post this update mainly to encourage folks to stay positive and stay focussed. 

Phantastic81, I am in similar situation.

(1)  Did you get the H4 approved at the time of 7th year H1B extension?

(2) What documents required for 7th year extension from H4 to H1 , what is the proof that PERM is pending for 365 days(Any document from DOL)?

 

Can you share your experience, really appreciated in this wonder world.