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  • H1B Last Extension

    HI All,

    I have applied for H1 last extension in January that completes my 6 years term in US. My extension is supposed to be permitted till mid June of this year.

    Also my PERM was applied in May last year. My plan was to apply for 7th year extension assuming that my last extension will come by may. Yeasterday I receiced RFE for my extension. Now my qyestions are:

    1) Can I reply to RFE and upgrade to premium processing at the same time so as to try to get decision by May. Does this increase the chance of rejection?

    2) If in case I dont have a decision in hand in the desired time frame, can I apply my 7th year extension on the basis of PERM applied last year and falling in 365 days criteria. In this case I will not have my 6th years extension decision in hand.

    3) My I94 expired in Feb and I know even if the extension is granted it will be till june. With no decision in hand how long can I stay in US?

    4) Is there any other way through which I can apply for my 7th year extension.

    Thanks for reading and please guide.

  • #2
    Originally posted by immireader View Post
    HI All,

    I have applied for H1 last extension in January that completes my 6 years term in US. My extension is supposed to be permitted till mid June of this year.

    Also my PERM was applied in May last year. My plan was to apply for 7th year extension assuming that my last extension will come by may. Yeasterday I receiced RFE for my extension. Now my qyestions are:

    1) Can I reply to RFE and upgrade to premium processing at the same time so as to try to get decision by May. Does this increase the chance of rejection?
    Yes, your employer can answer the RFE and upgrade to premium. It will not affect the decision one way or another.
    2) If in case I dont have a decision in hand in the desired time frame, can I apply my 7th year extension on the basis of PERM applied last year and falling in 365 days criteria. In this case I will not have my 6th years extension decision in hand.
    No, your employer cna file the extension petition only after receiving the current extension.
    3) My I94 expired in Feb and I know even if the extension is granted it will be till june. With no decision in hand how long can I stay in US?
    There is no limit AFAIK, but if extension petition is denied, illegal stay is counted from I-94 date.
    4) Is there any other way through which I can apply for my 7th year extension.

    Thanks for reading and please guide.
    Answers above.
    This is my opinion and not legal advice.

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