Question Related to Stay Period on L1B+ H1B

[webuser85]

Hi,

I worked on L1B for 3 yrs and 2+ yrs on H1B, i am going to complete in 6 years stay in couple of months, my PERM labor got Audit, not sure about the outcome yet.

Q1: If my PERM labor got denied, after taking gap of one year from outside USA, can i use the same petition to extend it? [Because only 3 years i consumed on H1B petition]

Q2: is it my current employer only can apply for extension after one year of stay outside USA? [is it called H1B petition extension or new H1B Petition?]

Q3: Do i need again test my luck on H1b Quota after one year Gap from outside USA?

Q3: What in case of PERM is approved and I-140 Denied?


Looking for your responses.

[webuser85]

Can some one help me to get the answers, I would appreciate your help.

[raghvi]

Can some one help me to get the answers, I would appreciate your help.

1. You Cant re use the H1. L1+H1 combined can be max 6 Years. The law states that you would need a new H1 petition after completing 1 Year stay outside US, also , the H1 petition has to be applied AFTER 1 Year completion not DURING that 1 Year.
2. New H1 petition.
3. Yes, if it goes into lottery again, like it did this year. But if the new immigration bill is made into a law things will be very different.
4. Well you can appeal the denial of the I140 and probably get 7th Year H1 extension, and later file an MTR in case its denied but in my opinion it might just be a waste of money and time.Better to file a new I140 in premium and ensure the reasons for previous denial are handled carefully to not to get another repeat denial.


This is my opinion not legal advice.

[webuser85]

Thank you for your response.