PERM Pending and H1B Expiry + 7th year extension filed


kamy

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Posted

Hello,

 

My PD is Nov-05-2012 and my H1B expiring on Sep-20-2013 after all recapute. My attorney has fileed 7th year extension based on PERM pending (AC21) but my PERM was not filed before 365 days. In this case can I be granted an 1 yr extension from Nov-05-2013 to Nov-05-2014

 

Can they request for extension before completing 365 days rule!!

 

Please advice..

 

Thx!!

Perm

 

 

  • 4 weeks later...
Posted

Generally, if you will not be eligible for the extension from the start date requested, your H1B should not be approved. In other words, if the end of your initial six years of H1B ends on September 30, 2013 and you do not have any time to recapture to bring you to November 5, 2013, USCIS may not approved the H1B extension on the 365day rule. Therefore, it may be advisable to leave the U.S. prior to September 30th to preserve days within the initial six years. Due to the complexity of your situation, it is advisable to speak directly with a qualified U.S. immigration attorney ASAP. The Murthy Law Firm has very well-regarded H1B and Green Card Departments with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

  • 2 months later...
Posted

hey Kami, 

can you update your current status please. were you able to get your extension approved or did u leave the country. your answer will help so many friends including me who are in same boat

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