am I eligible for H1b extension in 7 th year

[suresh21]

Hello experts,

 

 please advice on the below scenario:

 

 My old I797 expired 02/04/2015 and my perm got audited and was in process for more than 365 days and hence, I got 7th year H1b extension and also,I have 5 months of recapture time on my first H1b.

 

So, the attorney requested for 1 year + 5 months = 17 months for extension and it got approved and so, my current I797 expires in 07/15/2016. So, I think upto 07/15/2015 - I was  inside the first H1b period(6th year) and from 07/16/2015 to 07/15/2016 it will be h1b 7th year.

 

Attorney withdrew the first Perm and applied again(second perm) one month back(07/07/2015). so, my question are:

 

1. If my second perm also gets audited, will I be eligible to apply for H1B extension again since the second perm was applied 365 days prior to H1b expiration?

 

2. If I can apply for H1 extension, how soon can I apply for H1 extension. The current H1 (7th year) expires on 07/15/2016.

 

3. Can I change to H4 after my h1 expiration(07/15/2016) and if Perm and i 140 gets approved - can I change back to H1 without being cap subjected?

 

Please advice.

 

 

[jairichi]

1. Only if 2nd PERM is pending for a decision for more than 365 days.

2. Not more than 6 months before expiry of I797.

3. Yes. Have a week or two to recapture and file for cap exempt H1B petition based on approved I-140.