H1B extended for 7th year even though PERM pending (365 day rule doesn't apply)

[sameer0924]

Hi,

 

Dates at a glance:

 

PERM filed: May 2013

H1B max out: 31-Aug-2013

Received H1B extension until July 2014 when filed an extension to recapture time until 31-Aug-2013. <- this is the surprising part.

 

My case:

 

I am currently in India awaiting my PERM approval. My H1B max out date (including re-capture) is 31-Aug-2013. My PERM was filed in May 2013 and there is no response for my PERM filing as of today.

 

Mine is a strange situation. My company applied for my H1B extension in July 2013 to recapture time that I spent in India. With this recapture time, my H1B can be extended only until 31-Aug-2013. But, I got a 1-year H1B extension until July 2014 which is little surprising. I now have the I797 with the expiration date as July 2014.

 

With this H1B extension approval until July 2014 (even though my 6 year max out is only until 31-Aug-2013 with my Labor filed in May 2013), can I go for Stamping? Would my visa stamping be rejected because I am technically not eligible for a 1 year extension because my Labor wasn't filed 365 days before the 6-year max out date?

 

Any help would be greatly appreciated and many thanks for your time!

[Indigalhere]

Wow, thats actually pretty good that you got the visa extension without the 365 day rule. Im in a similar situation. My H1 expires in Oct 2014, and my PERM is yet to be filed. I want to know what would happen in these cases. 

[itsmeusa]

@ sameer0924 and @Indigalhere - This happened to me when I transferred my H-1b in 2008, they gave me around 6 months more than allowed stay of 6 years, however I verified with my lawyer which she confirmed that the burden lies with us to obey the law of staying for maximum 6 years. You need to take steps to extend your H-1b before you are about to complete 6 years. Your employer or lawyer have to mention this on their cover letter, so USCIS knows the background.

OR

If you could, you could ask your employer or lawyer to call up USCIS and get the dates corrected.

[jairichi]

Hi,

 

Dates at a glance:

 

PERM filed: May 2013

H1B max out: 31-Aug-2013

Received H1B extension until July 2014 when filed an extension to recapture time until 31-Aug-2013. <- this is the surprising part.

 

My case:

 

I am currently in India awaiting my PERM approval. My H1B max out date (including re-capture) is 31-Aug-2013. My PERM was filed in May 2013 and there is no response for my PERM filing as of today.

 

Mine is a strange situation. My company applied for my H1B extension in July 2013 to recapture time that I spent in India. With this recapture time, my H1B can be extended only until 31-Aug-2013. But, I got a 1-year H1B extension until July 2014 which is little surprising. I now have the I797 with the expiration date as July 2014.

 

With this H1B extension approval until July 2014 (even though my 6 year max out is only until 31-Aug-2013 with my Labor filed in May 2013), can I go for Stamping? Would my visa stamping be rejected because I am technically not eligible for a 1 year extension because my Labor wasn't filed 365 days before the 6-year max out date?

 

Any help would be greatly appreciated and many thanks for your time!

 

 

Wow, thats actually pretty good that you got the visa extension without the 365 day rule. Im in a similar situation. My H1 expires in Oct 2014, and my PERM is yet to be filed. I want to know what would happen in these cases. 

What itsmeusa said is correct. There are times where you get approval due to error by USCIS. You have to stick to immigration laws and do not overstay the time allotted based on your visa or status. Talk to your attorneys and I am sure they would say the same.