vasu9381 Posted July 17, 2012 Report Share Posted July 17, 2012 I need some info on the H1 extension filing for 7th year extension. My 6th year H1 will be over on August 28, 2012 including the period I was outside the US. My PERM filing was done on Jan 13, 2012 and is in audit. i don't believe the audit result will be know before Aug 28th. So as per the available options I can not file for extension before my H1 period expiry date as the labor filing would not be >365 days on Aug 28th. But some of the resources tell me that I can still apply for 7th year extension before the 365 days rule. Is it legal to do this know that my PERM application is not going to be 365 days older? I am not interested in taking this risk and jeopardize the chances of coming back. But is it true that this is a possibility? Link to comment
kalyan_ac Posted July 25, 2012 Report Share Posted July 25, 2012 Not true. You are contradicting yourself. You can only file for extension is PERM has been pending for more than 365 days. After the 365 days have passed you can file for an extension. Link to comment
Attorney_22 Posted July 25, 2012 Report Share Posted July 25, 2012 In addition to the 365 day rule, individuals are also eligible for post 6yr H1B extensions if they have an approved I-140 Petition. Link to comment
vasu9381 Posted August 9, 2012 Author Report Share Posted August 9, 2012 Not true. You are contradicting yourself. You can only file for extension is PERM has been pending for more than 365 days. After the 365 days have passed you can file for an extension. Sorry, my question was if it is legal to apply for H1B extension when the PERM application is not 365+ days old. One of the attorney was saying that we can still file for extension as H1B extension applications are taken up for review at least 2 months after filing. After that there will be a RFE to justify the validity of the request since the PERM is not 365 days old. The attorney will reply to that RFE which will take another couple of months. During this time either PERM+I140 could get approved or the PERM would become 365 days old. This is what I was told. I am not sure if this is legal. Link to comment
kalyan_ac Posted August 11, 2012 Report Share Posted August 11, 2012 Anyways if it works as the attorney said it is good. What if the petition is rejected if USCIS finds that your perm is pending for less than 365 days. Link to comment
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