Perm Audit

[SVS18]

My H1 expired in Oct 2013.  There was a delay in filing my perm application, my employer filed it after H1 was expired in July 2014.  This perm received audit query in Dec 2014, my employer has submitted his response.

 

Here is my question - Using AC21 rule which allows H1 extension for one year if labor remains pending for more than 365 days, can my employer file H1 extension for me in July 2015 ? 

 

I have almost spent all my 6 years on H1, I can recapture only 3-4 weeks time if that can be of any use.

 

Can anyone please help to understand what are my options being unfortunately fallen in the above situation? 

[jairichi]

Yes, with those few weeks to recapture employer can file a cap exempt H1B petition if PERM is pending for approval for more than a year.

[SVS18]

Thanks Jairichi, your reply gives me ray of hope.

 

This means my employer can file for H1 extension for one year in July 2015 along with request for recapture of time spent outside on H1.

 

One last question - Should these requests go together or the employer should 1st get approval on recapture? 

 

 

[jairichi]

Thanks Jairichi, your reply gives me ray of hope.

 

This means my employer can file for H1 extension for one year in July 2015 along with request for recapture of time spent outside on H1.

 

One last question - Should these requests go together or the employer should 1st get approval on recapture? 

Yes, with a pending PERM for more than a year an employer can file a cap exempt H1B petition along with recapture.