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H1B 7th year extension after resetting clock

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CCT_JTAC

Junior Member
What is the name of your state (only U.S. law)? CA

Hello,

My PERM was applied in June 2012. Audit received in Sept '12, and I left the US in Oct '12 (one day prior to completion of 6 years of H1B).

PERM was denied in April '13. MTR appeal was filed subsequently, and case recently went to BALCA.

As I understand, I can apply for 7th year extension in June '13 based on 365 days passed from PD and PERM pending (in BALCA).

Questions:
1. Can I wait until Oct '13 before applying for my 7th year extension, since that way I would have completed 365 days out of the US and reset my clock? (this is assuming BALCA decision is still pending at that time, and I believe BALCA decisions take a long time in general)

2. If yes to above, then am I eligibile to apply for a fresh H1B in April '14 (based on the fact that my clock would be reset in question 1 above)?

3. If no to question 2 above, then can I switch to L1B via AOS prior to April '14, and then apply for fresh H1B in April '15?

Thank you in advance for any help!
 



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