H1B 7th year extension PERM pending 365 days not reached

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Dear all,

PERM Filed on - 11/01/2019

H1B Max out (Currently filed for vacation recapture in normal) - 04/05/2020

Place of birth: Dubai

Is it possible for me to apply for a 7th-year extension in this scenario once my I-140 is approved? Do I need to wait for 11/01/2020 to start next tenure to fulfill 365 days of PERM filing?

I have another 2 months remaining only in my current H1B petition. Is this sufficient for me to get PERM approved, I-140 filed and approved, the H1B extended?

How soon should I leave the country to continue processing from outside?


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Check the icert website for PERM processing times. If your perm is not picked up in an audit I think there is enough time for it to be approved prior to 04/05/2020. The I 140 can then be filed in premium, else you wont make the april date.  If audited, then it will be much longer wait times and will exceed your h1b date.

If your perm and I140 are not approved by 04/05/2020 then you will have to leave the country latest by that date. Can come back after I 140 is approved and the h1b extension is filed and approved while you are out of the country. If your perm is audited and still pending on 11/01/20 (365 days after filing) then the employer can file for a 1 year h1b extension based on pending perm and if approved you can come back. ( so in that case you dont have to wait for 1140 approval).

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