H1B extension after 6 years with pending perm approval


I want to understand the h1b extension rule after 6 years with perm pending for approval .

My spouse perm filing date is 5 Dec 2022 , and her h1b is maxing out on 10th Nov 2023 , if she spends at around 30 days outside of USA ( suppose 30 days in May - June 2023 ) , then can she be eligible for 1 year extension even if perm is not approved / or went into audit or with i140 pending

Can she get her h1b visa filed before 10th Nov 2023 and recapture those 30 days and file for 1 year extension?


H1B Extension PERM Pending, Audit after 6 years - USA H1B Extension PERM Pending, Audit after 6 years - USA

Thanks for the response , but can you please clarify of the h1b can be filed before 10 nov 2023 as per the condition mentioned above … i think this scenario is not captured in article

The article shared by @anil_am22 do mention that you can apply for a 7th year H1B extension if the approved PERM was filed 365 days or more prior to the H-1B Extension application.

To your point if your spouse will be eligible to recapture any time spent outside the US during the H1B term. She will also be eligible for 1 year extension if her PERM is pending for more than 365 days.

She should consult her employer’s immigration lawyer and discuss her options so she can extend her status beyond 6 years.

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