PERM in Audit

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I just got message from HR saying that my PERM application was picked up for auditing. My H1B was issued on 22 Oct, 2014 and I came to US on 23rd April, 2015, as per that it is set to expire on 23rd April, 2021 (completing 6 years). I changed my job in July, 2019 and became FTE. After H1B transfer I got the extension with I-797 valid upto April, 23rd 2022 and I-94 valid till May 5th, 2022. But my legal says that processing center has made an error and the validity should be 23rd April, 2021, although there was no rectification filled or date corrected. My PERM process started in August, 2019 and yesterday went into audit. My HR says I need to go back to India till the audit gets approved. Please suggest me the options I have. I have a house, car, child schooling all at stake. Please suggest.

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  • 2 weeks later...

If the 6 year period ends in 2021 then I would heed that date irrespective of what date the uscis notice says.

What date was the perm actually submitted? The company can apply for a 1 year h1b extension based on a pending PERM after 365 days of the perm being applied. So worst case scenario is you have to leave the country by april 23 till the 1year extension is approved and then can return.

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