PERM filed in 6th year

[aaavni]

hello,

The six year of my current H1B is expiring on March 18, 2015 and my PERM was filled on June 10, 2014.
As it was filled in sixth year, and it was late by 3 months, need advise on

If I go outside of US for three months between now and March 18th, can I recover these three months to take my current H1B till June 18, 2015.
Also, if it is possible, then can I file one year extension as Perm filing date will come within 365 days of expiry of H1B.

Please Advise.......

Aaavni

[vinifer]

Hi Aavani,
Did you get answers to your question? my husband is in same situation.

[ra5]

Yes, you can recapture your out of country H1B time by filing for an H1B extension and then once that is approved, file for the 1-year extension based on labor certification approval wait time. Note, you will have to leave the country for 3-months, come back, and then file for the recapture time, so I wouldn't wait too long.

[bfbdb]

Labor filed 6th year

If a PERM labor is filed in the 6th year, am i eligible for a 1 year extension based on the PERM filed ?