7th year extension petition with post date processing

[vijayavelp]

My employer has applied Perm Labor and my priority date is Aug 31, 2012. I have received an audit, employer and still waiting for the response. 

 

My sixth year completed on Apr 27 2013, so I left the USA on the same day starting working from India after that.

 

As per current Audit Perm cases queue and my case will take at least another 2 to 3 months. After approval I need to go for I-140 approval to get 3 year extension.

 

In this situation, can I apply one year H1B extension since my 365 days will get over in Aug 31, 2013?

 

If it is possible, can I apply one year H1B extension with post date of September 1, 2013 in the application and start premium processing now itself so that I can return in USA in September? 

[pontevecchio]

If the PERM is still not approved by August,31 of 2013 then YOUR EMPLOYER can file a H1 extension petition for one year.

[vijayavelp]

Thanks for the response, one more clarification

 

Can my employer file one year extension with Post date of September 1, 2013 from now itself since my Perm approval coming before August 31 2013 is very remote based on the current queue?

Or my extension can be filed only after Aug 31 2013?

[vishu123]

Thanks for the response, one more clarification

 

Can my employer file one year extension with Post date of September 1, 2013 from now itself since my Perm approval coming before August 31 2013 is very remote based on the current queue?

Or my extension can be filed only after Aug 31 2013?

 

 

Yes it is possible...your employer can file H1B extension before the 365 days limit as long as the start date on the H1B petition is after 365 days