PERM filed in 6th year of H1B : Audit received

anil55

By anil55,
in H1B : 7th Year Extension

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anil55 Newbie

anil55

Posted
Posted

All,

My H1B expires(6 years) on Nov 2012. PERM Filed on Jan 2012.every stay outside US is already recaptured and so I am 70 days short (considering PERM filing before 365 days).

I received audit on 3 April 2012. My company lawyer states Audit might take between (7 to 10 months) considering current timelines.So i am in time crunch and danger.

1> Is it true audit might take more than 7-10 months? this is counted from PERM filing date or Audit received date?

Now I am Planning to go India for ~30-35 days and capture some days, but I will have visa stamping too. so i ahve 2 more Questions

1> I signed Audit paper :9089 and gave it to employer. But i see I94 number in that document. so Is it ok to travel during audit process? I will get another I94 once i come back, do we need to report the new number then?

2> When i will go for Visa stamping i will have 6 months pending on H1B? Possibility of any issue considering only 6 months remaining on H1B?

Please respond. It is big concern for me and my family.

Thanks and Regards

Anil

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  • 4 weeks later...
vmaha Member

vmaha

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Posted

audit can take any number of months and 8-10 months is very easily possible. Mine took 2 yrs back in 2009-2010 period. So you just can't depend on perm audit now. visa stamping is totally different and not really related to perm. if you have everything in order for h1b then visa stamping even for 6 months pending is not issue. visa stamping will be more depending on h1b documents case and not on how many days are remaining in h1b

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