H1-B extension for 7th year 6 months prior to Max out date


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Hello Members,


My Employer has filed PERM on June, 2015 but i got denied in Dec, 2015. My Employer has submitted "Request for reconsideration" to Certifying Officer (CO) on Jan, 2016. My current I-94 is expiring on Sep, 2016.

Q1. Can i file H1 B extension for 7th year 6 months prior to current I-94 expiring date?

Q2. If yes, i am planning to file extension in premium so what are the chances of getting approval or it goes to RFE?

Q3. If i am allowed to file extension for 7th year prior to 6 months and H1 extension get approved in case, What will happen if "Request for Reconsideration" got rejected and H1 extension got approved?

I know there is 365 days rule to file 7th year extension but i am not sure if i have to wait 365 days from priority date to submit H1 extension or i can file extension 6 months prior to current I-94 expiring date in my case.


Please suggest.

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your PERM needs to be 365+ days when you are filing for 7th year H1b.


So June 2016 you will be able to file for H1b extension.

Thanks for Replying. I found this Note from one of site.




an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days

from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.


according to this i understand, " We can file H1 B extension prior to 6 months of Max out date. but start date should be Post 365 days from the filing date"


Please correct me if my understanding is wrong.

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