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View Full Version : HELP !!! - PERM Audit in H1B 6th Year


BSRAJ
03-08-2012, 10:49 PM
My 6 years in H1B ends on Sep 30, 2012 nd my PERM was filed on Nov, 1, 2011 (less that 365 days). I found out yesterday that all the PERMs from my employer have been audited.
I wanted to know what are my options for staying on beyond Sep, 30,2012 -
Can I apply for 7th year H1B extension with my PERM in Audit even though it was filed with less that 365 days remaining on my H1B?

If, no, to the above, can I still apply for an extension knowing that it will be rejected since it has not been 365 days yet and once I complete my 365 days on Nov,1,2012, withdraw the original H1B extension petition and file for another extension since my PERM would now be pending for more than 365 days on Nov,1,2012.

I also have a 10 year valid B1 visa, can I transfer to that for 30 odd days between Sep, 30,2012 and Nov 1, 2012 and then files for a H1B extension since PERM would be pending for more than 365 days now ?

I am not too keen on going to INdia for 30 odd days so that I can recapture this between Sep 30 and Nov 1, if I can avoid it.

I am really in a mess so any advice would help.

Thanks...

bang
03-09-2012, 02:44 AM
My 6 years in H1B ends on Sep 30, 2012 nd my PERM was filed on Nov, 1, 2011 (less that 365 days). I found out yesterday that all the PERMs from my employer have been audited.
I wanted to know what are my options for staying on beyond Sep, 30,2012 -
Can I apply for 7th year H1B extension with my PERM in Audit even though it was filed with less that 365 days remaining on my H1B?

If, no, to the above, can I still apply for an extension knowing that it will be rejected since it has not been 365 days yet and once I complete my 365 days on Nov,1,2012, withdraw the original H1B extension petition and file for another extension since my PERM would now be pending for more than 365 days on Nov,1,2012.

I also have a 10 year valid B1 visa, can I transfer to that for 30 odd days between Sep, 30,2012 and Nov 1, 2012 and then files for a H1B extension since PERM would be pending for more than 365 days now ?

I am not too keen on going to INdia for 30 odd days so that I can recapture this between Sep 30 and Nov 1, if I can avoid it.

I am really in a mess so any advice would help.

Thanks...

you still have about 5 month , try and find a different employer who can process PERM for future employment (make sure they do not have issues like your current employer), while your current employer retains the PERM and see if either one will get approved before your date in September. That would be your best bet to stay in the Country.