Perm Audit and H1b Extension through previous employer

[Jignesht]

All

I am in a difficult boat right now as my Perm went to audit.Priority Date 06/01/2011 EB2.Audit Date 08/08/2011.

My H1B six years are getting over on January 22 2012.So what are my options?Can you extend H1 while perm is being audited?

Also my previous employer applied for a perm in May 2009 which was denied because of lawyers mistake.Can I join my previous employer as that perm was applied 365 days before H1 expiry?

Your input is appreciated.

Thanks

[Attorney_14]

In order to extend H1B status past the six-year limit using a Labor Certification application, the LC must be filed and pending (or approved) 365 days prior to the expiration of your 6-years H1B status. If an LC was filed for you and denied, there is technically no LC that can be relied upon for an H1B extension. Based on your questions, I recommend that you contact a knowledgeable immigration attorney in regard to your case so you can fully understand your options and develop a plan of action for yourself.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.