6th year on H1B ....help needed.

[ravi26usa]

Hello all,

Your input is appreciated.

I have MS from USA and My 6th year on H1B is ending in December 2012. I have an H1 extension that was recently filed and approved until 2013 which was based on the labor that my company withdrew.Below are my questions:

1. My company withdrew old labor and recently filed a new one, the new one was not filed 365 days before 6th year expiration on h1b, so the question is… if there is no result before My 6th year expires on 12/2012 ,can I stay in the United States until My 7th year H1B approved petition , or must I eave because the company withdrew the labor?

2. If My new labor gets audited and it remains in audit can we continue to file extensions? What would be my best option?

3. If My new labor gets audited and rejected before my 6th year expires can I remain in the US until My current H1B expires in 2013, or must I leave the US ?

4. Can the company apply for another labor ?

5. If my labor gets rejected can I enroll in a Masters program and go on CPT? To stay in the US and then apply for another H1B or do I have to leave the US for a year to be entitled to additional time beyond the 6 years.

Please reply .

[Attorney_10]

Generally, an H1B worker may remain in the U.S. for the validity period reflected on the H1B petition and I-94 card. Generally, as long as the petition is approved it will not become invalid if the labor certification or I-140 petition is later withdrawn or denied. Please schedule a consultation with a qualified immigration attorney to discuss the specific issues relating to your case.