LC filed 1 month after the 5th year completion of H1B

[GChunter123]

Hello - My company filed for my Perm one month after my 5th year of H1B...july 2011 .Actually 3 weeks late to be precise.My 6th year ends june 30 2012. This week I got the information that my perm has been audited . With the current trends of minimum 7 months to get a decision will I be eligible for 7th year extension ??What are my options . Also I was out of the country for a month between my 4th year and 5th year .I will be out of th country for 3 weeks in December too . Will this time be of any use to recapture???

Waiting in anticipation

K

[GChunter123]

Can somebody please respond .Here is my scenario

1) Perm filed on Jul 22 2011 and currently audited :(

2) 6th year of H1B ends June 30 2012

3)So technically perm was filed 3 weeks after the 5th year anniversary of H1B.

3) Was outside the US during jan feb 2011 for 29 days

4) Will be outside again in Decemeber for 3 weeks

5) If my perm audit and I-140 does not get approved closer to june 2012, will I be eligible for the 7th year extension?

[noauditplz]

as per murthy's website you can reclaim those 29 days you were out by filing new H1B petition, but i think it does not make sense to file two H1B petitions one to reclaim the days you were out of US and another to get extension of H1B as your PERM is being audited. I think it would be wise to leave the country before June30 2012 (you can work remotely if your employer agrees to it) and apply for new H1B in July 2012 to get a year extension. below link contains detailed information. take a look and have a chat with your attorney on what would be the best option in your scenario.

http://www.murthy.com/news/n_lc6th.html

Good Luck!