H1B extension beyond 6 yrs requirements

[cheey]

Hello,

 

Here is a quick summary:

 

- H1B - 6 years expire on September 30, 2015.

- 90-day recapture would extend the status and visa max out date to December 31, 2015.

 

Employer is in the process of filing 2 documents:

1) regular H1B extension, including recapture dates, through December 31, 2015 

2) PERM - couple weeks before it's finalized.

 

Couple questions:

 

1) Do I need to get a visa max out date (December 31, 2015) approved before the employer files PERM? I.e., should the H1B extension be approved before the PERM is filed?

 

2) I am told that since the PERM will be filed before December 31, 2014 I will be within 365 days of visa max out, hence I can extend my H1B status in 1-yr increments should my PERM be pending through next winter. Is that correct? Does the 365-day requirement relate to 5 years on H1B (excluding recapture), or is it 365 days before the visa max out date? Am I ok with December 31, 2015, or is it really September 30, 2015? Can someone point me to the regs/law?

 

Thanks all!

[jairichi]

1. No.

2. PERM or I140 application for more than a year or an approved I-140 will get you extensions.