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  • Pending PERM

    Hi all, following is my condition and questions. Please do reply

    1. My PERM is filed in July 2012. My 6 years were completing on 25 Dec 2012.*
    2. My PERM application is picked up for random audit in Oct 2012. So I left usa on Nov 2012 without exausting complete 6 years.
    3. While in india I came to know that my PERM went to further audit and then its currently in BALCA awaiting result.
    4.Based on 365 days pending PERM rule, I received 7th year H1 extension in july 2013 till july 2014.
    5. My plan was to complete 365 days out of USA so I can eligible for fresh 6 years of new H1.
    6. Accordingly I waited till Nov 2013 and I came back to USA in Jan 2014 on my 7th year H1 extension.

    Following are my questions
    *1. Can my company apply for fresh H1 as my clock reset because of leaving 1 year outside of USA while I am in US on on H1 extension?
    2. Can I apply for fresh H1 from any other company?
    3. If answer to question 1 and 2 are no then what are my option to file fresh H1? Do I need to go back to India and stay another year to file fresh H1?

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