mac1234 Posted March 29, 2012 Report Share Posted March 29, 2012 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 Link to comment
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