H1b extension and Labor audit


kartikbala

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My situation is little unique. I had recieved a 7th year extension last year even though my labor was not yet approved. My 7th year ends in June end. and my Labor petetion which was file last year i got an Audit today. Considering this what are my choices .

Can i work when my Labor audit is in process even when my h1b expires? Or can i still apply for one year extension stating that labor is in audit? And is there a grace period of 6 months even after your h1b expires where i can continue to work. I do not intend to leave the country what are my choices during this period?

Please respond ASAP.

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  • 2 weeks later...

Generally, an individual is eligible to extend their H1B status if a Labor Certification was filed on their behalf more than 365 days ago and the Labor Certification is still valid/pending. Therefore, you should be eligible for an H1B extension of a one year increment if you meet this criterion. However, there is no H1B grace period. To continue working pursuant to H1B status you need to have a timely filed H1B extension and be maintaining this status. To discuss this in more detail it is advisable to speak directly with a qualified U.S. immigration attorney. The Murthy Law Firm has very well-regarded H1B and Green Card Departments with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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