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PERM Audit and H1B 6 year max out

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  • PERM Audit and H1B 6 year max out

    Hi
    My H1B 6 year is ending on Oct 8 2014. PERM applied on Oct 7 2013. Now I got PERM audit and my employer submitted the requested documents.
    In the current situation, it will take at least 10 months to get a result from an audited case.

    I would like to know what are my options to stay in US.
    I know we can apply for 1 year extension if PERM is pending 365 days. But here Completing 365 days is just 1 day before the H1b 6 year max.
    So is it possible for ,me applying extension on Oct 7 and stay here or I need to go back to India and apply extension from there and if it approve then re-enter US?

    Experts please help
    Thanks

  • #2
    There are two situations that you can apply extension beyond 6 years limit.

    1, if you has filed LCA 365 days before the expiration of the six-year period, and the Green Card process is still ongoing, you can extend H-1B on annual basis.

    2, If you have an approved I-140, and the immigration visa number is not available due to visa retrogression, you can also extend to on a three year basis beyong 6 years limit. There is no 365 limitation.

    In your case, you are qualified to apply for the 7th year extension based on the first situation.

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