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Posted on 24 Feb 2011
Q.

7th year H1B extension based on pending PERM MTR

- My PERM GC Labor was filed on July 7th 2010. It got rejected in October 2010, we filed an MTR in November 2010 and now it shows 'Pending/In process' again on website.

- My 6 years H1B (with all recapture approved)expires on July 14th 2011.

Q1) When is the earliest I can file an 1 year H1B 7th year extension with July 14th 2011 as requested start date.
Is it anytime after Jan 7th 2011 as per the clause that says 6 months prior to H1B expiration. OR Do I have to wait untill July 7th 2011 to file (i.e. the actual day on which PERM will be pending for 365 days.)

Q2) If extension is approved and then MTR is rejected will the H1B be null and void?

User's Location: Weehawken, New Jersey, United States of America
Category: H1B Visa (Work Visa)
Posted on 26 Feb 2011
A.
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Elizabeth Chatham
Immigration Lawyer
Elizabeth Chatham, PLLC
(602) 759-1880

www.chathamlegal.com

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