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PERM Processing Labor processing through PERM

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Old 10-03-2008, 02:39 PM
Priority Date
I140 Mailed Date
Processing Stage
Labor Certification
I485 Mailed Date
Join Date: Oct 2008
Posts: 34
Hong12 is on a distinguished road
Default Can my 7th year H1 Extension be filed outside US with my pending Labor Certification?

I filed my Labor Certification in September, 07, which got audited. My labor certification is still pending till now. It is also very unfortunate that my 6 year H1 ended in the mid of May, 08. Accordingly, I was told by my lawyer to leave US. I am now back in Malaysia. I also have two months vacation that I can recapped during the past 6 year of my H1B. My lawyer said I can file recap in Malaysia though the H1 extension has to be filed in US. Is that true since I have heard that I can file H1 Extension while staying outside US and should not get back into US until I got the 1 year extension approval due to my pending Labor Certification? Also, I wonder what will happen if I did like what my lawyer said to file the 2 month recapture now and get back into US to file the 1 year extension. If the H1 extension got rejected while I am in US during the 2 months recapture time, do I have to leave US again? Anybody please help. I am also planning to file the premium process for the H1 Extension. What should I do? Thanks so much.
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