My complicated situation: My H1B reached 6 year limit last september, on 09/30/2013. During those 6 years, I never left US, so I didn't have any time to recapcure. My PERM was submitted on 05/08/2013 but went to audit last month, so still pending. A week before I reached the max-out day, on 09/22/2013 my employer filed for change of my status - from H1B to F2, and put me on leave waiting for PERM/H1b approval.
My question is: did I exhaust my 6 years of H1B by 09/30/2013 even though change of status was filed before the max-out day, or do I still have a week left on H1B because the change of status was filed one week before the max-out day? If I can be considered as not having exhausted my H1b limit, then maybe on 05/08/2014 I will be eligible for extending my H1b year by year beyond the 6-year-limit, because my PERM will have been pending for over 365 days? Or does my company have to wait till PERM and I140 approval to file for H1b extension for me?
thanks a lot for your advice!
