H1B 7th Year Extended w/ PERM Pending <365 Days

[purplesusy]

Hello everyone,

My dates:
Current H1B Expires: Jan 2016 (I am currently in 5th year)
6th Year H1B Expires: Dec 2016
PERM filed: Dec 2014
PERM denied: Jun 2015
PERM Reconsideration Submitted: Jul 2015

Recently my company has applied H1B extension and the end date on the approval notice is Feb 2018 (7th year extension + recapture of unused time). Is the end date valid - my understanding is that one can apply for H1B extension with PERM pending for >365 days and no earlier than 180 days prior to the expiration of 6 years of H1B?

I am also applying visa stamp abroad in Sep 2015. Since I have two valid I-797, which one should I be using to apply for visa stamp?

Thank you so much!!

[shervin143]

Recently my company has applied H1B extension and the end date on the approval notice is Feb 2018 (7th year extension + recapture of unused time). Is the end date valid - my understanding is that one can apply for H1B extension with PERM pending for >365 days and no earlier than 180 days prior to the expiration of 6 years of H1B?
>>> How many days were you eligible for recapture? If that is one year, then get 1*** = 2 years as extension which is valid.

I am also applying visa stamp abroad in Sep 2015. Since I have two valid I-797, which one should I be using to apply for visa stamp?
>>> Whichever is the latest.

[purplesusy]

Thanks for the reply! I was out of the US for only about 5 weeks so the recapture is about 5 weeks. Is it possible that I am getting a 7th year extension even though I am currently in year 5?a

Recently my company has applied H1B extension and the end date on the approval notice is Feb 2018 (7th year extension + recapture of unused time). Is the end date valid - my understanding is that one can apply for H1B extension with PERM pending for >365 days and no earlier than 180 days prior to the expiration of 6 years of H1B?
>>> How many days were you eligible for recapture? If that is one year, then get 1*** = 2 years as extension which is valid.

I am also applying visa stamp abroad in Sep 2015. Since I have two valid I-797, which one should I be using to apply for visa stamp?
>>> Whichever is the latest.