Labor in audit denied, 2nd labor filed. H1 stay completed. what to do !!

[mMoghe]

Hi,

I completed 6 years in Mar 2011. But my visa says H1 is valid till feb 2012. I filed for labor in sep 2010 which went in audit. my employer filed 2nd labor in Jan 2011. In june 2011 we recd communication from DOL that my 1st labor which went in audit was denied.

We are awaiting status on 2nd labor filed. My questions are:

1. Can i get 1 year extension based on my 1st labor applied in sep 2010 which got denied.

2. Can i wait in US till i get status on my 2nd labor filed or i have to go back now to India considering my 6 years are over in Mar 2011.

pls help if anyone has gone through similar process.

Tks.

[florida2629]

I appealed after my labor was denied and appeal was approved after 9 months... i never applied for extensions so dont know about that

[Transformer]

1. Can i get 1 year extension based on my 1st labor applied in sep 2010 which got denied.

-- You can't request extensions based on a denied labor. If you want to appeal, discuss options with a good immigration attorney.

2. Can i wait in US till i get status on my 2nd labor filed or i have to go back now to India considering my 6 years are over in Mar 2011.

-- You mentioned your VISA is until 2012 but didn't mention anything about I-94. Anyway, if USCIS issues I-94 beyond 6 years by mistake, it is individuals responsibility to stay until lawful permited time only.

The only option I see in your case is to go back to India and return after I-140 is approved or 365 days passed after filing labor (which ever is earlier) and do H1 extention based on that.