PERM Audit for the second time.

[rolling_thunder]

Hi Sir/Madam,

If this is an old question, please forgive me.

I work for a Company A, it has filed for my labor in May 2011 which got audited in July 2011, submitted the response within 15 days in the same month. I am not sure about the outcome.

The same employer said he re-filed my labor (said that it is almost like new application along with new priority date) on October 10th 2011 which again got audited on January 16th 2012.

Now the real frustrating part is i am in the last year of my H1B visa (ending Sep 30th 2012). Having not known about the outcome of the first labor Audit and also the second labor being filed without being 365 days earlier to H1B expiration would i have any problems.

Problems like

1) Have to go back to INDIA.

2) Even if i file another labor, could that still be audited.

What are my options...

Please let me know so i can take a prompt action and do not go out of status.

Please ask me for more information and i will be more than happy to give it.

Please Help me before it is late...

[rolling_thunder]

JoeF, i see you accurately responding to most of the complicated question/scenarios on many forums. Could you please suggest me with an idea on how do i proceed? Hope i am not breaking any rules of the forum here asking you.

[pontevecchio]

Please discuss your issue with a Lawyer so you know where you stand.

[ravi26usa]

Sree,

I can speak to my thoughts on ur case .Here are my suggestions.

1.Do you have any time spent outside USA while on H1B that could push ur sep 30 date to lil further?

2.Check with ur Emp A reg the status on 1st PERM.If rejected,ask him if he reappealed?If reappealed u cud extend ur VISA beyond 6 years.

3.File a new PERM with Emp A or Future employer.

Ravi

[rolling_thunder]

Hi Ravi,

Thanks for replying.

1.Do you have any time spent outside USA while on H1B that could push ur sep 30 date to lil further?

Around 3 months...

2.Check with ur Emp A reg the status on 1st PERM.If rejected,ask him if he reappealed?If reappealed u cud extend ur VISA beyond 6 years.

He said it is still pending, and there were number of questions in the Audit (Not a random Audit i guess). I think we may have to appeal incase if it is rejected for any reason just to buy some time to apply for another one.

3.File a new PERM with Emp A or Future employer.

Perm 2 already filed on 10-10-11, audited on 1-16-12. Transferring to a new employer from my expectation would loose me the possibility of applying for 1 yr H1B extension on appeal for denial of the 1st in case it is denied.

So, at this point i think it is ideal to wait for the outcome of the 1st audit.

Please let me know otherwise.

Really appreciate everyone's replies...

Thanks Much

Sree,

I can speak to my thoughts on ur case .Here are my suggestions.

1.Do you have any time spent outside USA while on H1B that could push ur sep 30 date to lil further?

2.Check with ur Emp A reg the status on 1st PERM.If rejected,ask him if he reappealed?If reappealed u cud extend ur VISA beyond 6 years.

3.File a new PERM with Emp A or Future employer.

Ravi

[rolling_thunder]

Hi All Experts ...

Alright,

Some news from me. Not good though ....

My Labor got denied with the reason being prevailing wage higher than the one offered (just by $24). Damn this lawyer, i like to kick him on his face.

Anyways, since i cannot do that. My employer said he would file another labor from another company (friend's company) and said we will also wait for the audit on my second one to come to a decision.

Once if the labor from the new employer gets approved, i would have to transfer my H1B to the new company and file for a premium I-140 to get it going further in the game. In the meanwhile, current employer will file for my H1B extension with pending Audit (2nd Audit) as i have 3 months of vacation days on the 6 yrs visa so making it up to December 2012 (from sep 30 2012) as the final H1B expiration and 2nd labor (filed 10-10-2011) being more than 365 days (Dec 2012 minus 10-10-11) not sure if this is going to work out but, just trying. But just incase the perm from the new employer also gets audited again... i am not sure if i am totally doomed.

Not even sure if the approach i am taking is the right one and would work...

Any suggestion are very much appreciated ...

Thanks in advance...