PERM Audit and H1B Extension

[mnrt]

Hello Experts,

My company filed my PERM in July 2021 i.e. before 365 days of my 6th year H1B. H1B Maxing out in Aug 2022. My employer filed my H1B visa extension in Jan 2022 as its expired on 31 Jan 2022. While filing my H1B extension, they captured all dates when i was out of country and filed the extension based on that i.e. Aug 2022. Now my PERM application got audit and it looks like targeted audit. Could anyone please suggest what to do in this situation.

1. Should i wait for my H1B extension to approve then file for 7th Year extension OR USCIS can provide 7th extension based on my PERM application file with DOL?

2. is it advisable to change the H1B extension to Premium processing from Normal processing to check if i am getting 7th year or not?

3. If i will apply for 7th year extension and PERM is in Audit state, can 7th year extension be denied?

4. Should i look for another employer to file my PERM as well and move out to country for few months to captured some time.

i am looking for some advice...Can anyone please help me here?
attorneys

[DennHoff]

It would be best if you did not look for another employer to file your PERM and move out to the country for a few months to capture some time. You can stay with the same employer, just suspend your activities for a while in that country. I think it is not advisable to change the H1B extension to Premium processing from Normal processing to check if you are getting the 7th year or not. Audits may be conducted every year or every few years. For example, PBM audits are very popular in pharmacies. Many entrepreneurs are skeptical about this audit. To avoid an unwanted audit, read the rules at https://www.natlawreview.com/article...-pbm-audits.It would be best if you did not look for another employer to file your PERM and move out to the country for a few months to capture some time. You can stay with the same employer, just suspend your activities for a while in that country.