PERM Labor in Audit + 6 th year H1-B expiring

[mac1234]

I am in my 6 th year ( granted only 5 and half years of H1-B total dec-2006 to May 2012) of H1-B and my H1 is expiring in May 30th 2012 .

I applied my PERM labor in July 2011 and received AUDIT notice in Dec 2011. My empolyer told me to that he will file a new PERM labor as audit takes longer time to get cleared.

Also I have stayed outside US for around 5 months for vacations.

So my employer is saying he will file H1-B extension to recaputure the period I stayed out of US + 6 months of H1 B time that I was not granted.

My Question:

Can my employer file H1-B extension for 1 year to recapture all the time that I should be entitled for H1?

Can the H1-B extension be filed if I stay in India as this is for PERM and/or 6 th year reclaim ?

Since PERM is for future employment can a second PERM Labor be filed if I am in India?

Also can the second PERM labor be processed if I stay in India around 4 months to resolve some family issues and even if my H1-B expires in May 2012 can a extension be filed for H1-B from outside US ?

Can the PERM Labor and GC process can continue if I decide to stay outside US for a while (like 4 months) ?

Pls help

[kalyan_ac]

I am in my 6 th year ( granted only 5 and half years of H1-B total dec-2006 to May 2012) of H1-B and my H1 is expiring in May 30th 2012 .

I applied my PERM labor in July 2011 and received AUDIT notice in Dec 2011. My empolyer told me to that he will file a new PERM labor as audit takes longer time to get cleared.

Also I have stayed outside US for around 5 months for vacations.

So my employer is saying he will file H1-B extension to recaputure the period I stayed out of US + 6 months of H1 B time that I was not granted.

My Question:

Can my employer file H1-B extension for 1 year to recapture all the time that I should be entitled for H1?

YES

Can the H1-B extension be filed if I stay in India as this is for PERM and/or 6 th year reclaim ?

Yes, but you will have go for stamping before trying to come back.Also changes based on if you are FT or EC or EVC etc

Since PERM is for future employment can a second PERM Labor be filed if I am in India?

YES

Also can the second PERM labor be processed if I stay in India around 4 months to resolve some family issues and even if my H1-B expires in May 2012 can a extension be filed for H1-B from outside US ?

Yes, but you will have go for stamping before trying to come back.Also changes based on if you are FT or EC or EVC etc

Can the PERM Labor and GC process can continue if I decide to stay outside US for a while (like 4 months) ?

Yes, as long as you and your employer are in good terms for future employment

Pls help

[rsbiggun.alert@gmail.com]

I have a similar situation but very typical one. here are my specifics

My H1 6th year started on 21st Dec 2011 valid till 21st Dec 2012.

My PERM was filed ------ dec 8th 2011

Audit received ------ March 28th 2011

My question is

• In order to extend my H1 to 7th year do i need to wait till Dec 8th 2012 to complete 365 days if the Audit result is still pending ?
  
• What is the appropriate time to start the 7th year extension process.
  

Its really traumatizing to go though this date game :-(

Please suggest my options.

[kalyan_ac]

Yes you will have to wait until Dec 8th to file for an extension.

Do you have anytime that can re-captured from vacations in the past 6 years?

You can file for the 7th yr extension anytime before your h1 expires.