PERM approved, but 7th year extension issues!!

[maverick_75]

2/1/06

All-

I have quite a unique issue on hand.

I am completing 6 years on my H1 on January 4, 07. My labor (thru PERM) got approved, but unfortunately the priority date is January 13, 06, which means I missed the 365-period deadline by 9 days. That being said, inspite of having a approved labor I will have issues extending my H1 after 6 years.

In such a case, what are my options?

Few questions in this regard:

1. Can I re-capture H1 period (prior vacation time) and thus extend my 6 year period so that I can scrape through the 365-period limit?

2. Can i capture vacation time this year (I am planning to go out of the country for 3-4 weeks sometime in May, 06) and apply that period towards my 6 years, thus extending the H1 period and scraping through the 365-day limit?

3. On a related note, will BCIS accept a petition for 7th H1 year extension based on labor filed on the 365th day? To simplify, if the priority date (labor filing) is January 13, 06 and the 6th year on H1 ends on January 13, 07, will there be any issues filing for a 7th year extension?


Thanks and appreciate any help in this regard.
!K

 

[GotPR?]

1. Should be yes
2. Yes
3. I recommend to put a little more days.

 

[maverick_75]

Thanks a lot, GotPR. Appreciate your reply.