H1-B 7th year extension - When should it be applied considering my dates

[sundip17]

My 6 year H1-B expires on 12/13/2012.

My PERM was filed on 12/01/2011.

My PERM application was audited and a response filed on 05/02/12.

When can the extension be filed? Should I wait until 12/01/2012 (exactly 365 days) and then file or I can file earlier ?

Also if my PERM gets approved at the neck of the moment before my visa expires (and no time to file I-140) - Am I still eligible for the 7th year extension?

Any help would be much appreciated.

Thanks,

[redgreenbluee]

please consult a lawyer.

you can only file H1 extension on or after 12/1/2012 (at least 365 days).

you are eligible to apply H1 extension beyond 6 years if you have pending LC (or approved and not expired) for at least 365 days or if you have an approved I-140.

My 6 year H1-B expires on 12/13/2012.

My PERM was filed on 12/01/2011.

My PERM application was audited and a response filed on 05/02/12.

When can the extension be filed? Should I wait until 12/01/2012 (exactly 365 days) and then file or I can file earlier ?

Also if my PERM gets approved at the neck of the moment before my visa expires (and no time to file I-140) - Am I still eligible for the 7th year extension?

Any help would be much appreciated.

Thanks,

[sundip17]

Thank you for the reply.

If I am able to apply for H1B extension only on or after 12/01/12 and my current H1B expires on 12/13/2012 - Would I be able to get a grace time with the pending H1B receipt and stay in the country during the processing. Or Should I get out of the country and get with the new H1B.

[kalyan_ac]

Thank you for the reply.

If I am able to apply for H1B extension only on or after 12/01/12 and my current H1B expires on 12/13/2012 - Would I be able to get a grace time with the pending H1B receipt and stay in the country during the processing. Or Should I get out of the country and get with the new H1B.

As long as the USCIS recieves your petition before 12/13/2012, you can stay in the country and continue working till a decision is made.