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H1 extension 6 th year + PERM Audit

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  • H1 extension 6 th year + PERM Audit

    I am in my 6 th year ( granted only 5 and half years of H1-B total dec-2006 to May 2012) of H1-B and my H1 is expiring in May 30th 2012 .

    I applied my PERM labor in July 2011 and received AUDIT notice in Dec 2011. My empolyer told me to that he will file a new PERM labor as audit takes longer time to get cleared.

    Also I have stayed outside US for around 5 months for vacations.

    So my employer is saying he will file H1-B extension to recaputure the period I stayed out of US + 6 months of H1 B time that I was not granted.

    My Question:

    Can my employer file H1-B extension for 1 year to recapture all the time that I should be entitled for H1?

    Can the H1-B extension be filed if I stay in India as this is for PERM and/or 6 th year reclaim ?

    Since PERM is for future employment can a second PERM Labor be filed if I am in India?

    Also can the second PERM labor be processed if I stay in India around 4 months to resolve some family issues and even if my H1-B expires in May 2012 can a extension be filed for H1-B from outside US ?

    Can the PERM Labor and GC process can continue if I decide to stay outside US for a while (like 4 months) ?

    Pls help

  • #2
    Can my employer file H1-B extension for 1 year to recapture all the time that I should be entitled for H1?
    >>> Yes. You will need to attach copies of your entry exit records in passport, I-94, flight itinerary etc.

    Can the H1-B extension be filed if I stay in India as this is for PERM and/or 6 th year reclaim ?
    >>> Yes.

    Since PERM is for future employment can a second PERM Labor be filed if I am in India?
    >>> Yes.

    Also can the second PERM labor be processed if I stay in India around 4 months to resolve some family issues and even if my H1-B expires in May 2012 can a extension be filed for H1-B from outside US ?
    >>> Yes.

    Can the PERM Labor and GC process can continue if I decide to stay outside US for a while (like 4 months) ?
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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