H1B stamp expiration date more than 6 years

[msv123]

My visa stamp with my previous employer had an expiration date of Dec. 2012 and that's when my 6th year on H-1B ends if the days on H-1B are counted. I have a new stamp now with a new employer and the expiration date on it is Sept. 2013.

Is it legal for me to stay and work after Dec. 2012 without applying for an H-1B extension until Sept. 2013? I barely got my LCA approved. Will be applying i140 shortly.

thank you for any help regarding this

MSV

[pontevecchio]

Only you can count the days in H1 status. If you do not have PERM pending 365 or an approved I140 you are not eligible for extensions. A paid consult with a Lawyer will save you from a lot of future grief.