H1B extension after a 6-year max out is possible based on your current PERM or i140 status. Here are all the options available: <\/p>\n\n\n\n
You can apply for a 7th-year H1B extension if the approved PERM was filed 365 days or more before the H-1B Extension application.<\/p>\n\n\n\n
If you are falling short of 365 days, attorneys recommend using H1B recapture time to reach the 365-day limit.<\/p>\n\n\n\n
You should upgrade your i140 application to premium processing and get the result in 15 days if you are too close to the 6-year limit.<\/p>\n\n\n\n
The other option is to use H1B recapture time<\/strong> and try to make PERM applied for a date past 365 days before the H1B 6-year limit.\u00a0By recapturing vacation time spent outside the USA, you will qualify for filing a 1-year H1B extension.<\/p>\n\n\n\n You can file an H1B 3-year extension if your PERM and i140 are approved before the end of H1B’s 6th year. This is the best-case scenario.<\/p>\n\n\n\n All these scenarios are possible due to the American Competitiveness in the Twenty-First Century Act of 2000 (“AC21”) law allows H1B extensions beyond 6 years based on certain conditions.<\/p>\n\n\n\n If your employer has not applied for PERM and you are close to completing the H1B 6-year quota, you can use the H1B time recapture<\/strong> rule to extend your H1B.<\/p>\n\n\n\n H1B recapture time means that you count all your vacation time spent outside the USA and claim it to extend your H1B 6-year quota date.<\/p>\n\n\n\n Example<\/strong>:<\/p>\n\n\n\n You are working on an H1B visa from 1 Jan 2013 to 1 Jan 2019 in the USA. During your time in the USA, you took 1 month (30 days) vacation each year to visit your family in India.<\/p>\n\n\n\n This makes it 30 * 6 = 180<\/strong> days of vacation time outside the USA. Your 6-year H1B quota will end on 1 Jan 2019 if you do not recapture vacation time.<\/p>\n\n\n\n You can recapture 180 days<\/strong> after 1st Jan 2019 to extend your US H1B stay till 30 June 2019 by filing an H1B extension from 1 Jan 2019 to 30 June 2019.<\/p>\n\n\n\n You can file an H1B extension after 6 years if your PERM is pending for more than 365 days<\/strong>.<\/p> <\/div> You can file a 7th-year H1B extension with an approved PERM only if the PERM was filed more than 365 days<\/strong> ago.i140 Approved<\/h3>\n\n\n\n
No PERM Applied<\/h3>\n\n\n\n
H1B Recapture Time<\/h2>\n\n\n\n
FAQ<\/h2>\n\n\n\n
This situation would normally arise if you have filed i140 in regular processing and are waiting for its approval.<\/p> <\/div>