H1B expiring in July, PERM picked up for audit.

[kulkarni2u]

We got to know that my PERM application is picked up for audit last friday and my H1B is expiring in July, and I have no recapture time left (PERM filed in 6th year of H1B i.e in Jan 2018). What options do I have now? Based on current circumstances on Audit, if the process takes more than a year, will my H1B be reset to 6years? or do I have to wait for PERM, i140 approvals to get the H1B extensions.

 

Also, my employer is OK with me working from India during the process, but legally my employment in US will end with the H1B expiry how should I be paid, can I get salary in US or should it be in India only?

Please suggest on this.

Thanks,

Anirudh.

 

 

[care_candidate]

You will probably need to amend the application to reflect where you will be working. Still if your employer is fine you working offsite that makes it much easier on some levels. About the timing issue, one of my colleague has similar issue and he had to go to home country till PERM approved. The company at fault agreed that it was delay on their part that caused this. So, they sponsored his return tickets and when PERM got approved, he came back in about 6 months.

But, you should understand the risk if you have to go back and that if employer is not in good terms or ethical. It is going to be very difficult to communicate and pursue them from different country. But, if law requires you to leave country, you have no choice. My advice is to hire outside attorney so you get full understanding from your own point of view.