Am I Eligible to renenter USA ?

[tmkc2002]

Folks,

The following is my case status.

Perm filed - May 25 2011

Audit - Aug 8 2011

Audit responded - Aug 11 2011

Perm Denial - Feb 4 2012

MTR applied - Feb 8 2012.

The reason for denail as per the attorney is that the recruitment efforts were not sufficient.

As i completed 6 years stay by OCt 2011 and my perm was not filed 365 days prior of 6 year expiry, i had exited the country in Oct 2011 and working from india ( it is one of top 5 IT companies in India ).

My assumptions and attorneys responses are as below.

1. Am i eligible to reenter with 1 year extension on Jun 2012 as my Perm is in process.

2. What are the chances of rejection for extension.

3. I am also deliberating to continue stay till oct 2012 and enter with fresh H1 or L1.

Pls review and provided your advice and experiences and guide me on what are my best options.

Looking forward for your valuable inputs and comments.

Thanks

[write2tarun]

You should be eligible for a 1 yr extension after you perm has been pending for an year ( No decision on the appeal has been made). You should seriously consider not entering till October 2012, as it would reset your 6 year H-1B clock in case of your appeal gets denied. This will give you enough time to file another PERM without you having to leave the country again.