H1 - 7th year extension from India

[mous]

Hi,

 

 

I've completed 6 yrs of stay in US  (August 2013) and returned back to India. My PERM was filed after entering into 6th year and its currently in audit status. In January 2014 , my PERM will be pending for 1 yr and I would be eligible for 1 yr extn (considering PERM is either approved or pending).

 

In this case, while filing for H1 extension from India, will it be filed as regular H1 extension or out of cap extension?

 

Thanks

 

[pontevecchio]

Extensions are always the same. You will not be subject to the cap. The process is the same whether cap or non cap.

[SriSai_raj]

I am in a similar situation. My six year H1B visa expired in 2012, and I left the US. My company (A) applied for my PERM, only after I left the US. This got approved mid Jun 2013. it's more than 1 year since the PERM was applied (now approved)

1. Can my company file for H1 extension, based on the approved PERM only ? (as it's already more than one year since it was filed) or do they have to file I-140 and get it apporved before filing for H1 extension ?
2. Can a different company (B) extend my H1 based on the approved PERM by company A?
3. If a new H1 is filed (not an extension)? Is it subject to cap, given the fact that I’ve been outside the US for more than a year?

[pontevecchio]

1. NO. You do know the I-140 has to be filed within 6 months of PERM approval?

2. NO

3. Too wide a question. Fact based. You may get H1 extensions non cap based on an approved I-140 though the rules have slightly changed and you would possibly need some recapture time to get a 3 year extension based on an approved I-140. You can have any employer file a  cap subject H1 in April to start in October .