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amit_k

Can I continue to work if PERM is in audit stage

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My H1B is expiring in April 2017. PERM was filed on Feb 28 2016. 

 

There is a good chance that the PERM will go into audit. 

 

Can I continue to work for the employer after April 2017 if the PERM is in audit stage?

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My H1B is expiring in April 2017. PERM was filed on Feb 28 2016. 

 

There is a good chance that the PERM will go into audit. 

 

Can I continue to work for the employer after April 2017 if the PERM is in audit stage?

Only if your PERM is pending for more than one year.

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Thanks for the reply.

I have couple of follow-ups:-

 

1. Does the PERM need to be approved in order to file for H1b extension?

2. Can I apply for an H1b extension in 6th year in premium processing? That way I can secure an extension for one year regardless of the outcome of the PERM?

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If you want your H1 ext beyond 6 yrs then

1. Your I140 has to be approved or

2. Your PERM should be pending for more than one year.

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Thanks. But I think there is a third option that the H1b extension can be filed if the PERM has been filed 365 days in advance of current H1b expiry.

 

The following excerpt is from one of Murthy's pages. According to this if I am a beneficiary of a PERM that was filed 365 days prior. There is no need for PERM to be pending for more than one year.

 

The link for the following is :-

http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/

 

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Rule for H1B Extensions Beyond Six Years

The standard allowable time in the United States in H1B status is six years. In order for one to be eligible to extend H1B status beyond six years, it is necessary to qualify under either of two possible rules. These rules are part of the American Competitiveness in the Twenty First Century Act (AC21). The requirements are that (a) the foreign national must be the beneficiary of an LC filing made 365 days prior (or I-140 in those cases that do not need the LC filing); or (b) the LC and I-140 must be approved, with no visa number (based upon the priority date) available.

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That's what it means. If you have a PERM filed 365 days prior or PERM pending for 365 days is one and same. Approved PERM will not give you H1 ext, approved I140 does.

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