H1b extension or new H1B eligibility

[bnsu]

Hello Experts,

 

My 6th year H1B expired on July 2013. My employer had applied my PERM on March 2013 but it got audited in Nov 2013 and I am still waiting for the PERM updates from audit DOL.

 

From July 2013 till May 2014, I have been in H4 status. Then, I have moved back to India.

 

So, here are my questions :

 

1) My PERM processing from March 2013 till date is more than a year now. Am I allowed for 7th year H1b extension?

 

2) If the answer is no for the above, then am I allowed to apply new H1B petition for April 2015?

 

Looking forward for your valuable answers.

 

Regards,
Su

[jairichi]

1. Yes, based on PERM pending for more than a year employer can file for 1 year extension.

2. Since you left US on H4 status only by May 2014 an employer can file a cap subject H1B petition only by May 2015. A cap subject H1B petition can be filed only after you have stayed outside US for a year.

[rahul412]

 

1) My PERM processing from March 2013 till date is more than a year now. Am I allowed for 7th year H1b extension?

 

2) If the answer is no for the above, then am I allowed to apply new H1B petition for April 2015?

 

1. I think yes

2. You can if you are out of US for one year.

[bnsu]

Thank you for the reply.

 

I completely do not have any recapture period available. So, if they need to apply for my 7th year H1B extension, is that required?

 

Also, during the audit process time, my company got taken over by another company. So, can the new company apply for H1B extension?

 

Please share your thoughts.