H1-B Extension beyond 6th year (actually 10th year)

[wanna_stay]

On H1-B Since October 1, 1998

Most recent:

Employer A: (Former)
Joined in September 2004 on H1-B valid until August 2004
Got H1-B extended for 3 Years upto September 2007 (Freak case of 3 yr approval)
Got H1-B extended upto May 2008 (7 months using recapture)
Old Labor Applied: October 2004, was in Dallas Backlog, got DENIED, was APPEALED August 2007 and again got DENIED March 2008.
PERM Applied: July 27, 2007 Approved: October 11, 2007
I-140 was not applied
Left employer A in March 2008

Employer B: (Current)
Joined on part-time H1-B in January 2007 with H1-B valid until January 2008
Got H1-B extended for 1 year upto January 2009
Switched to full-time in April 2008 and filed for H1-B part-time to full-time conversion
Filed for PERM Labor in March 2008, still pending (< 365 days)
Changed H1-B to Premium Processing - I-907 and applied for wife's H-4 I-539 extension (forgot to do so earlier) simultaneously.
Got RFE for H1-B filed asking for:
1. PERM labor pending for > 365 days OR
2. PERM Approved and I-140 pending where PERM applied > 365 days OR
3. PERM Approved and I-140 Approved

I have none of these. My prior PERM expired and no I-140 was filed. So my wife's H-4 is also not approved. Can I appeal or provide an argument to get a 1-time 1-yr extension?

My wife has a H1-B application pending. She got an RFE and responded to it a couple of weeks back. Awaiting H1-B approval.

What are my current options to stay in the country and continue to work for Employer B?

 

[GotPR?]

Talk to lawyers, but it looks to me that you are not eligible to H1 extension at this moment. Only option is being H4, but can not work.

 

[wanna_stay]

My H1-B expires on Jan 10, 2008. My 365 days on PERM will be on March 17, 2009. My PERM got an audit and I don't expect it to get approved any time soon. Can I file for H1-B extension before Jan 10, 2009 and post-date the start date to March 18, 2009? In that case I can take a vacation for 9 weeks, leave the country and re-enter on the H1-B extension? Has anyone done this?

Can I leave the country for a couple of months and try to recapture it to get me past the 365 days and then apply for extension? Has anyone done this?

 

[ginnu]

My H1-B expires on Jan 10, 2008. My 365 days on PERM will be on March 17, 2009. My PERM got an audit and I don't expect it to get approved any time soon. Can I file for H1-B extension before Jan 10, 2009 and post-date the start date to March 18, 2009? In that case I can take a vacation for 9 weeks, leave the country and re-enter on the H1-B extension? Has anyone done this?

Can I leave the country for a couple of months and try to recapture it to get me past the 365 days and then apply for extension? Has anyone done this?

One CAN recapture the days spent out of US. Your lawyer should attach copy of passport pages with entry stamp to US and provide any evidence that you were out of US from date…. to date… (Keep the Airline boarding pass with you when depart or enter)