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1.I am on H1B Visa and sixyears will be completed on 15th Sept 2013.(After recapturing all the Out of the USA stay)

Santa Clara, CA |

2.I have a valid 1-94 Till 31st July 2013.
3.Labour Certification (Perm) filed on 12th Sept 2012 and got an Audit on Nov 2012 and Auditor/Lawyer Replied with in three weeks to DOL, its an Normal Audit info about recruitment process and Remote job Location and Local Talent availability and applicaions.
4.Can I apply H1B extension for the remaining 45 Days of H1b.
5.Can I apply for 45 Days + One Year H1b extension considering My Labour (Pending) was filed on 12 Sept 2012 well Before 365 Days as I have H1B eligibility till 15 Sept 2013.
6.Or Is there any rule should I apply for H1B extension only after Perm Pending with DOL completes an year.
Like should I apply only on or after 12Th Sept 2013 if that is the case I will only have 2 days to apply H1 Bextension before 15th sept 2013.
Help Pls

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Attorney answers 3

Best Answer

Generally, a petitioner can request a 7th year extension (plus any additional time remaining in the initial 6 years) of H-1B status based on Labor Certification/I-140 which remains pending for 365 days or more. To do so, a petitioner must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application. To answer your question, you don't have to wait until September 12, 2013 to file for H-1B extension.

Rajesh Prasad
Attorney at Law
Parikh and Prasad Law Group
5861 Pine Avenue, Suite B
Chino Hills, CA 91709



Hi Rajesh, Thanks for the information and I am Planning to apply for extension in the Last week of Feb 2013. Can you suggest any site or tool to calculate the 6 Years stay/H1B -recapture in USA and what proofs we need to provide for the same while applying for one year extension.

Rajesh Nakchhed Prasad

Rajesh Nakchhed Prasad


There are no online tools, but there are immigration lawyers who can help you with that :) Please feel free to call my office (9092483212) for 10 minutes of free consultation.


Your employer can.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


H-1B extension petitions can be filed six months in advance. However your employer will have to time it to file after the 365 days of wait for PERM.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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