PERM filed in 6th year and in audit - Options to get back to US

[kittuvish]

Hello

My PERM was filed in Dec 2012 and my H1-B 6 year cap expired in March 2013. I am currently in India working remotely, and got an audit notification on my PERM application to which a response has been submitted.

I found this article while checking for the available options of getting back to US since I got an audit that probably wont clear before the end of the year if not later than that with the current DoL processing timelines.

In looking thru the article mentioned above, I wanted to confirm if the Option # 3 is still a valid and a workable option. It states that once my PERM has been pending for 365 days even though it was filed during the 6th year of H1-B, the beneficiary can obtain one year H1B extension to re-enter the US. This would mean that if my PERM is still pending until Dec 2013, would I be eligible to file for a 1 year extension as described in a similar situation in Option # 3 in the above article. My employer's attorney said they were not aware of this option so am not sure who is correct. Any help in this regard would be greatly appreciated.

Thanks!

[guestnew]

Working remote after H1 expired for US employer

Hello

My PERM was filed in Dec 2012 and my H1-B 6 year cap expired in March 2013. I am currently in India working remotely, and got an audit notification on my PERM application to which a response has been submitted.

I found this article while checking for the available options of getting back to US since I got an audit that probably wont clear before the end of the year if not later than that with the current DoL processing timelines.

In looking thru the article mentioned above, I wanted to confirm if the Option # 3 is still a valid and a workable option. It states that once my PERM has been pending for 365 days even though it was filed during the 6th year of H1-B, the beneficiary can obtain one year H1B extension to re-enter the US. This would mean that if my PERM is still pending until Dec 2013, would I be eligible to file for a 1 year extension as described in a similar situation in Option # 3 in the above article. My employer's attorney said they were not aware of this option so am not sure who is correct. Any help in this regard would be greatly appreciated.

Thanks!

Hi kittuvish,

I am in a situation where my company has filed my PERM in 12 March 2013 and DOL is still processing applications for the month of (end of)Jan 2013. I am in 6th year of my H1 and my H1 is valid only until 31 August 2013(with all buyback time on h1). It is most likely that I have to go back to India. My company is very big consulting company(above 25000 employee and public co.) BUT THEY DO NOT HAVE ANY OFFICES IN INDIA.

My attorney told me that I can surely work remotely(from India) even though H1 is expired. However, I do not know whether my company will be able to run my payroll in US.
If you have any information please let me know. As I know you are also working remotely after H1 is expired. Does your company has office in India ? and how do you get paid ? Direct deposit in US bank OR get salary in Indian rupees ?

Please not that my company do not have any offices in India....

your help will be really appreciated.

[baskar2018]

Hi

I a also in the same situation. what happened to your case? how do you get paid ? Direct deposit in US bank OR get salary in Indian rupees ?

Thanks,
Baskar