H1B Extension after 6 Years


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Hi, My Perm has been filed in Sep'20. My H1B max out is in Feb'21. I may not get my Perm / I-140 approval before Max out.

Now, if I use all my 6 years before leaving the US and then I get my Perm / I-140 approvals next month (Mar'21), when can my employer apply for H1B (new or extension)?

1. In Mar'21 (Immediately after getting the I140 approval) OR

2. In Sep'21 (for the 365 days rule since LC/PERM filing) OR

3. In Feb'22 (for the 365 days rule since my Max Out).

Please suggest !

Thanks, Purvesh

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