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?
-Your 6-year H-1 had been run out. Because your 6-year H-1 clock was still running during your F2 application pending, it run out about 8 days later after you filed the change of status. You should have left US before 9/30/2013 to stop the H-1 clock and get the F-2 visa to come back. Then, you would extend your H1 beyond the 6 year limit after your PERM pending is > 365 days or after your I-140 is approved. If you had filed the change of status application earlier and got it approved before 9/30/2013, you would still have a chance to extend your H-1.
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?
