H1 B Extension in 6th year

[chandrat]

Hi,

Please let me know my options.

I have my current H1b which expires in May 7 2013. But my Visa Max date is Oct 2013 and i have 5 more months of Visa re-capture period.

I have my Perm which is in Audit and Pending - PD is July 18 2012.

My Employer is asking me to wait till we get I-140 approved - so that we can get 3 year extension. He is asking me to leave country after May 7 2013 and enter once my new H1 is Approved.

As i have still alomost 10 months still left on my current H1 - could we apply extesnion just for 10 months.

[kalyan_ac]

Yes you can file for an extension for the remainder of the 5 months of the 6 yr period.