H1B expires after 1 year- PERM pending(Audit)- extension questions


sushruta

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Hi

 

My husband filed for his PERM in Sept 2013 and it was audited in April 2014. His H1( 6 years) expires in Sept 2015. As far as I read, it states that you can apply for a 7th year extension if more than 365 days have passed since filing any Labor certification. But I also read that you cannot apply for an h1 extension 6 months before the expected start date.

 

I actually want to file an extension before I get the result of the PERM so that I can gain some further time in the US ( even in the case that the PERM is denied). Currently Feb 2013 PERM cases are being audited and they are taking a lot of time. So I don't expect that I will get any result before the end of this year.

 

So my questions are the following?

 

1)When is the earliest I can apply for a 7th year extension assuming the PERM is still pending( the audits are taking a long time and they are currently processing Feb 2013).

 

2)Suppose the perm is still pending in Dec 2014- can I request a start date of June 2015 and apply for 7th year extension even though my current H1 expires in Sep 2015.

 

 

Any help is appreciated ! Thanks!

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