My perm was applied for 365 days prior to my H1B expiration. While applying for H1B extension, can I add any unused H1B time (5 months), in addition to the one-year H1B extension?


Yes, it is almost always possible to add in all available time for which one is eligible when filing an H1B petition (up to the 3-year maximum). So, if a person is eligible for an extension of one year because of a PERM filing, the employer can also ask for any available recapture time. Thus, in this example, the employer would request a validity of 1 year and 5 months. It usually makes far more sense to ask for the additional time, as the cost is the same whether it is a 1-year request or a 1-year-and-5-month petition duration request. (17.Mar.2014)

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