H1B excempt and rules

[shrihegde]

Hi,

I am currently on H1b visa and going to complete 6th year on April 4th 2013. My employer filed PERM under EB2 on May 9th 2012. I think that 365 days rule is not applicable for me to get 1 or 3 year extension. Will there be any issue extending 7th year H1b visa?

Thanks in advance for your help.

Regards,

Shri

[redgreenbluee]

please consult a lawyer.

you can only apply H1 extension beyond 6 years if you have LC pending (or approved and not expire) for at least 365 days or an approved I-140.

why did you say that 365 days rule is not applicable for you? with correct planning, you can re-capture H1 time and get to 365 days if needed. regardless, if you can get I-140 approved before 4/4/2013, you should aim for that.

Hi,

I am currently on H1b visa and going to complete 6th year on April 4th 2013. My employer filed PERM under EB2 on May 9th 2012. I think that 365 days rule is not applicable for me to get 1 or 3 year extension. Will there be any issue extending 7th year H1b visa?

Thanks in advance for your help.

Regards,

Shri

[shrihegde]

Thanks for your response. I have already captured my vacation outside USA and hence if my I-140 approved, I can get H1b extension right?

Do you think I have to ask for premium prosessing so it helps to get the result from my employer?

My only concern is that if you go outside USA for a vacation during 6th year, there are high chances of rejecting visa stamping. Is that true? Recent days my friends are facing problem in India.

Please suggest.