H1 7th year renewal

[Bharathirajan]

Hello,
My sixth year maxout will be on March 31st 2020. I140 rejected and applied for appeal -in progress. With 50 days of recapture time available now, I become eligible for 7th year extension. 
Could you please help me for my below Questions?
1. Should my employer apply for recapture time and one year extension together?
2. Do I need to get my Visa extension 'approved' before 31st March, 2020?
3. If yes for question 2, what would be the least date my employer apply my extension? Fingers crossed

[cyberlord]

If recapture time is only 50 days, how can you get 1 year extension?

Since your I-140 was denied, i suppose it'd be cap subject petition after 1 year cooling period that would be applicable for you. 

This is just my understanding, i could be wrong.

[Mav777]

1) where is the one year extension coming from? Only an approved i-140 allows for a 3-year extension or a pending perm allows for a 1year extension. Your situation is neither.

2) your extension application to recapture unused time, needs to be submitted prior to march 31 and not necessarily approved by that date. It wouldn’t hurt to have an approved petition by March 31 however. The company will have to apply in premium so that you get a decision in 15 days. Regular processing I think is 4-5 months, which would mean you would get a decision on your extension after your 50 day extension period is over.

[GroundHog]

I am not sure abt your 1st ques. Regarding 2nd, I think once your employer applies your extension, you should be good for 240 days grace period. So, I am guessing that if they just apply before your expiration, you should be ok. But again, this is just my opinion. I dont have any expertise with immegration.

[User099]

1. Yes

2. Its good if you can get it approved before 3/31. But if you file by that date you are good.

3. 3/31

[gopalakrishnach]

You will get only 50 days not 1 year.

Since I140 erjected. Go to India. Wait for 1 year. Apply H1B in lottery once again.

Edited February 24, 2020 by gopalakrishnach

[Bharathirajan]

On 2/22/2020 at 12:18 PM, cyberlord said:

If recapture time is only 50 days, how can you get 1 year extension?

Since your I-140 was denied, i suppose it'd be cap subject petition after 1 year cooling period that would be applicable for you. 

This is just my understanding, i could be wrong.

Thanks for answering. Sorry about confusion.. I have an approved PERM with priority date as May 20th.. thats why I was mentioning as I become eligible for 7th yr extn with 50 days recapture days.

[Bharathirajan]

On 2/22/2020 at 8:29 PM, Mav777 said:

1) where is the one year extension coming from? Only an approved i-140 allows for a 3-year extension or a pending perm allows for a 1year extension. Your situation is neither.

2) your extension application to recapture unused time, needs to be submitted prior to march 31 and not necessarily approved by that date. It wouldn’t hurt to have an approved petition by March 31 however. The company will have to apply in premium so that you get a decision in 15 days. Regular processing I think is 4-5 months, which would mean you would get a decision on your extension after your 50 day extension period is over.

Thanks for answering. I have an approved PERM with priority date as May 20th.. thats why I was mentioning as I become eligible for 7th yr extn with 50 days recapture days.

[cyberlord]

9 hours ago, Bharathirajan said:

Thanks for answering. Sorry about confusion.. I have an approved PERM with priority date as May 20th.. thats why I was mentioning as I become eligible for 7th yr extn with 50 days recapture days.

I dont think just with PERM approval you will be eligible for an extension. You will need I-140 approval.

[Mav777]

18 hours ago, Bharathirajan said:

Thanks for answering. I have an approved PERM with priority date as May 20th.. thats why I was mentioning as I become eligible for 7th yr extn with 50 days recapture days.

An approved PERM gives you nothing. You need an approved I-140 to be eligible to apply for a 3-yr extension OR a pending PERM/ I-140 for 365 days to be eligible to apply for a 1 year extension.

The only extension currently you can file for is the 50 day recapture time on existing H1.

[gopalakrishnach]

You need approved I140 to get H1B extensions beyond 6 years...