When to file for 7th year extension (Timing)?

My 6th year is expiring in Oct2010 and my employer is planning to file PERM in Feb 2010. My questions is 1.Will I be able to file for the 7th yr extension before my 6th yr expires, say in Sep/Oct 2010 (even if my Labor is pending and it hasn't been 365 days yet)?Meaning,can they just go ahead & file for the extension but request for the 7th year to start from Feb 2011 (i.e. 365 day point from the PERMfiling)?Or do I have to actually wait until Feb 2011 to even file for the 7th year extension? 2.If I have to wait til Feb 2011,what start date can my employer request? Oct2010-11 or Feb2010-11?

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ANSWER: 

They can file 6 months ahead of the contemplated start date - as long as one year of PERM filing is over by that date. But you might have some gap where you cannot live or work in USA.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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