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PERM pending (365 day rule doesn't apply) - H1B extended for 7th year!!
Hi,
Dates at a glance:
PERM filed: May 2013
H1B max out: 31-Aug-2013
Received H1B extension until July 2014 when filed an extension to recapture time until 31-Aug-2013. <- this is the surprising part.
My case:
I am currently in India awaiting my PERM approval. My H1B max out date (including re-capture) is 31-Aug-2013. My PERM was filed in May 2013 and there is no response for my PERM filing as of today.
Mine is a strange situation. My company applied for my H1B extension in July 2013 to recapture time that I spent in India. With this recapture time, my H1B can be extended only until 31-Aug-2013. But, I got a 1-year H1B extension until July 2014 which is little surprising. I now have the I797 with the expiration date as July 2014.
With this H1B extension approval until July 2014 (even though my 6 year max out is only until 31-Aug-2013 with my Labor filed in May 2013), can I go for Stamping? Would my visa stamping be rejected because I am technically not eligible for a 1 year extension because my Labor wasn't filed 365 days before the 6-year max out date?
Any help would be greatly appreciated and many thanks for your time!
Dates at a glance:
PERM filed: May 2013
H1B max out: 31-Aug-2013
Received H1B extension until July 2014 when filed an extension to recapture time until 31-Aug-2013. <- this is the surprising part.
My case:
I am currently in India awaiting my PERM approval. My H1B max out date (including re-capture) is 31-Aug-2013. My PERM was filed in May 2013 and there is no response for my PERM filing as of today.
Mine is a strange situation. My company applied for my H1B extension in July 2013 to recapture time that I spent in India. With this recapture time, my H1B can be extended only until 31-Aug-2013. But, I got a 1-year H1B extension until July 2014 which is little surprising. I now have the I797 with the expiration date as July 2014.
With this H1B extension approval until July 2014 (even though my 6 year max out is only until 31-Aug-2013 with my Labor filed in May 2013), can I go for Stamping? Would my visa stamping be rejected because I am technically not eligible for a 1 year extension because my Labor wasn't filed 365 days before the 6-year max out date?
Any help would be greatly appreciated and many thanks for your time!
