H1B extension eligibility criteria during PERM process?

[hary536]

Hi,

Can anyone tell me what is the rule about eligibility for H1B extension for 1 yr/3 yr

while you are in PERM process?

For example:

My H1B started in 09/2011.

6 yr expire in 09/2014.

My PERM application will be filed in 4-5 months, let's say for example: June 2013.

Will I be eligible for 3 year extension if due to any reason, if my PERM is still pending in 09/2014.

(I know, if my I-140 is approved before 09/2014, I am eligible for 3-yr extension).

Also, if I have about 5 months of time-recapture remaining,(all of which was accumulated before mid-2011),

then if I re-capture that time at the end of 6 year, does that off-set my actual H1B year count?

Meaning:

Theoretically, my H1B 5th year started in 09/2012. But if I add 5-month of time-recapture in 2014, does it mean

that legally, my 5th year started in 02/2013?

Thanks for your advice.

[blancx]

Firstly, how come your 6th year ends 9/2014 when your H1 started 9/2011?

If PERM is pending for 365 days, only 1 year increment H1 is permitted.

You add the 5 months of recapture towards the end of your 6th year. So, if you 6th year expires 9/2014, adding the 5 months would provide you an H1 status till 2/2015. Its that simple.

Refer the link below.

http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/