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Old 01-30-2012, 01:45 AM
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srinivast79 is on a distinguished road
Default Need Help/Info about what to do

Hi,
I have applied my PERM in my sixth year i.e PD 08/15/2011 and got an Audit in the month of Oct'2011.Audit is related to Recruitment process and my attorney replied in Nov'2011.Currently my Audit is in Pending (Currently processing Audit's for PD June'2011).But my H1-B is expiring on 22nd March'2012 and i do not have any other time that i can able to recapture.

Could you please tell me what are the best Option's available for me in order to get my H1 Extended?

Thanks
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Old 01-30-2012, 12:28 PM
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sorry to say, but you don't have any option to extend your H1b. the labor should be applied 365days before the end of 6yrs. if its applied during the 6th year then it should be approved as well I140 should be approved to have H1b extended beyond 6yrs. If luckily your labor get approved 2 weeks before 22ndMarch, then you can file for I140 in premium and extend H1b provided 140 is approved.

If not then, you have to go back and come after staying out of US for 1yr starting from the day you leave this country. 1 +ve thing is since you can move out this march, you can apply for the fresh H1 in April 2013 and then get it stamped after Oct and move back here.
Your labor would be still valid if it gets approved during this time.



check with a good lawyer as well.

good luck.
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