Question regarding H1B 7th year extension and new rule changes


promos

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Hello. This is my 1st thread. So please go easy on me if I ask/do something that I am not supposed to.

Now to the question:

My 6th year H1b ends on 13th December 2017 ( including recaptured time of my stays outside the US).
My latest H1b visa is approved till 11th December 2017.
My labor petition got filed on 13th Jan 2017.

Since my labor petition was not filed 365 days before my 6th-year ( there is approximately 1 month gap), I was planning to go to India in April and spend 6 weeks in India so that I can recapture some more time.

But my lawyer emailed me yesterday saying that with the new rules that came into effect on 01/17/2017, I will be eligible for the 7th year extension even if my PERm was not filed more than 365 days before 6th year.

Is this correct? Am I eligible to get a 7th-year extension in these circumstances? If Yes, I would cancel my plans for a trip to India.

Please advise.


I tried looking up online and here is one of the excerpts that I found about the new rule changes:

AC 21
No requirement for the LC to have been filed before the 5th Year: DHS has clarified that a qualifying labor certification or Form I–140 petition is not required to be filed 365 days before the 6-year limitation is reached in order for the individual to be eligible for an exemption under section 106(a) of AC21. Instead, the labor certification or Form I–140 petition would need to be filed at least 365 days before the day the exemption would take effect.
This is an important change back to the initial AC 21 rules.

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