recapture H1b period

[kishore67]

Hi,

I am in 6 th yr of my H1b, visa is expiring on sep 30 2012. My employer has applied EB3 labor on Dec 1 st 2011. Unfortunately, DOL has randomly picked it up for Audit. My employer replied audit on Apr 10 th 2012.

My employer is saying Since DOL has a backlog in deciding audit, this case is stuck for about a year or more.

My wife is a home maker - on dependant visa

I have 3 months old son, who born in USA.

What are my options to get visa extension?

I was out of US for 11 months during my H1b, can I recapture it? what is the process for this?

What if I did't get labor approval untill sep 30 th 2012.

Can we file a new labor, since i have 5 more months? Please advice.

Thanks

Kumar.

[shervin143]

One option i sto find another employer who can file a H1B transfer and start processing your PERM immediately (5 months is a very short span. If you decide to find another employer, then the process to file PERM need to be started immediately. The time spend outside U.S in the 6 year limit can be recapture if you go through a good immigration attornye. You will need to submit documents to prove that you were out of U.S for that duration. Documents like flight tickets, boarding passes, entry exit records in the passport, copies of I-94 cards will help. Filing a new labor with the same employer is NOT an option. What is the point in DOL doing an audit if you are alloweed to file multiple PERM with the same employer just to get it approved?