H1B Extension based on Approved I-140 from India

[SomikDam01]

Hi,

I have a query related to H1-Extension based on approved I-140 from outside US. 

I completed my 6 years stay in US on Oct, 2017. My PERM was filed on Mar,2017 (during 6th Year). I got an audit in PERM and returned to India in Oct,2017 while the perm was in process. Finally i got PERM approval in Nov,2017 and then my lawyer filed I-140 in premium - currently it is in progress.

So, if i get the I-140 approval by Jan 2018 will i be eligible to file H1B Extension right away? or do i have to wait for 365 days from PERM Filing Date (Mar,2018) to be eligible for H1B Extension?

My company thinks that i need to wait for the 365 days to be eligible. Hence if their understand is wrong can someone please share the rule or regulation from USCIS site which i can show them?

 

Regards,

Somik