H1b after 6 years

[srivatslib]

Hi
My H1 expires in June 2012 (including all recaptures). My employer A filed for my Labor (EB2) before the start of 6th year on my H1 and it went to audit.(I dunno if it was canceled or can it be canceled ?) I switched to employer B, who filed for another labor (EB3) after the start of my 6th year on H1 (in Oct 2012) and that one has gone into audit.. I dont know if it will get approved with I140 + H1 extension before June.However, My wife is on H1 whose visa is valid till next year.
What are my options to stay after June 2012? Please advise, as it is a bit urgent and important to me.

Thanks.

[shervin143]

Leave 3-4 months in your H1B period and switch to H4. Once your labor & I-140 gets approved, recapture the remaining 3-4 months and start working for the employer. File the H1B 7th year extension based on the approved PERM and I-140.

Or complete the 6 year period, leave the country and return back after spending 1 year outside U.S. You will get a fresh 6 year period in H1B.

[srivatslib]

Thanks. Will the Labor filed by my first employer A be of any help here? Also should I have to switch to H4 immediately? Is it possible to switch to h4 in June i.e. before my H1 expires?

[shervin143]

Labor filed by the previous employer will be of no help. If you have a copy of your I-140 approval notice, then you can port the priority date. If you spend all 6 years in the current CAP, then there will be no time left to recapture. Also, it would be difficult to recapture just few days. That is why you need to leave at least 3-4 months so that you can recapture later. You need to be in the current CAP to file the 7th year extension. Once you have elapsed all 6 years, then the 7th year extension is not possible based on a future approved PERM/I-140. In such case, your only option will be to leave the country and return back after 1 year in a fresh H1B or stay in U.S as a dependent.

Thanks. Will the Labor filed by my first employer A be of any help here? Also should I have to switch to H4 immediately? Is it possible to switch to h4 in June i.e. before my H1 expires?