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My 6th year H1 expires on Jan 18. The PERM labor was filed in September, and still waiting for approval. I have 37 days more after Jan 18, which is the time I was out of US while on H1.
My employer is in the process of filing for H1 extension. They are saying that they are going to file for H1 extension for the whole year.
I have told them that as per my knowledge, I can not get extension beyond 37 days because it has not been at least a year after filing for labor. I am telling them that if I use all 37 days of time available to me for H1 then I won't be able to get more extension once PERM and I140 are approved.
But they are insisting that H1 extension after I140 approval won't be a problem, even if I use all the time left on H1. I can not understand how it is possible.
Can anyone please confirm if it is possible to extend H1 after I140 approval, even if one has used all time left on H1 before that?
My employer is in the process of filing for H1 extension. They are saying that they are going to file for H1 extension for the whole year.
I have told them that as per my knowledge, I can not get extension beyond 37 days because it has not been at least a year after filing for labor. I am telling them that if I use all 37 days of time available to me for H1 then I won't be able to get more extension once PERM and I140 are approved.
But they are insisting that H1 extension after I140 approval won't be a problem, even if I use all the time left on H1. I can not understand how it is possible.
Can anyone please confirm if it is possible to extend H1 after I140 approval, even if one has used all time left on H1 before that?
