What petition is this?
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.
If you are talking about an H-1B visa, there is no minimum period of validity. If for example you had used 5 years, 11 months and 2 weeks of your six years of H-1B validity, your employer could file for an extension to get that last two weeks of time.
It depends what your employer is filing to extend. If you mean an H1b, it is controlled by the validity of the Labor Condition Application.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.