H1B extension beyond 6 yrs requirements


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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!

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