H1-B Extension/Perm Audit/Lay off

[nadib002]

I am in a very unique situation; Here goes

My employer filed my PERM on Jan 10, 2012

DOL sent an audit requesting further documentation ( my original signature etc.) on April 10th, 2012

My employer terminated ( lay off ) my position on April 18th; reason for lay off- restructuring; I was a full time employee; it was not a consulting company; it was a product company; my PERM was filed under EB2 category; no questions were asked about educational qualifications in the PERM audit; DOL has given till May 7th, 2012 to reply to the audit

My 6th year H1-B expires September 30, 2012 ; I have 5 months of time spent outside the US that was supposed to be recaptured had my H1 extension been filed by my now ex-employer

Following are my questions:

1) If i find another position with say, company B, will company B be able to transfer my H1-B with the 5 month recapture time, thus extending my regular H1-B period to Feb 30th, 2013?

2) Based on the fact that my ex-employer filed for my PERM, which is currently under audit, will company B be able to file for a 1 yr extension along with my H1 transfer, thus extending my time under to March1st, 2014?

Thanks for your time

[SameerH1Bworker]

1) If i find another position with say, company B, will company B be able to transfer my H1-B with the 5 month recapture time, thus extending my regular H1-B period to Feb 30th, 2013?

- Most probably

2) Based on the fact that my ex-employer filed for my PERM, which is currently under audit, will company B be able to file for a 1 yr extension along with my H1 transfer, thus extending my time under to March1st, 2014?

- NO, for 1 year extension, you need to have PERM pending for more than a year OR Approved PERM + I140 approved.

Moreover, if your last day of employment is 18th Apr then currently you're out of status unless you'd file COS before termination. So, you may get H1B transfer approval i-797B without I-94, so, you may need to go out of country for stamping before start working with Company B.

Talk to layer if you are no longer working with A & did not file COS because you might be accruing out of status days.