H1B 7th year eligibility - PERM/I 140 365 days rule

[krishna5552]

Hi 

My H1B  6 years will max out on 20th March 2017. My PERM is electronically submitted on 18th March 2016 and i got audit letter with the priority date as 7th April 2016. My employer replied to the audit in September 2016. If we don't get any reply till January 2017, 

1. How early can i apply for the 7th year h1b ?

2. Can I apply for the 7th year h1b requesting the start date as 8th April 2017 ?

3. And will i get the approval  for the 7th year as i will be out of status between 20th March 2017 and 8th April 2017.

 I can go out of the country by 20th march 2017 and if the h1b gets approved, will get the visa stamped and get back into the country after 8th april 2017.

I read somewhere that we should not have any gaps in the 365 day PERM rule and should need to maintain the status.

So I am wondering that as i will be out of country and out of h1b status between 20th march and 8th april 2017, will USCIS approve 7th year h1b  and does it come under the cap exemption ?.

Really appreciate the help if some one can help me in clarifying the points. 

 

 

 

[shekar11#]

You need to contact an attorney. As far as I know you can go out of the country. Being in the country is not a rule.