tips03 Posted November 1, 2012 Report Posted November 1, 2012 Hello H1B - Expires Dec 15th 2012 including all time recoup PERM applied EB2 - Feb 2012 PERM status - Audited and denied Denial reason - No secondary work location mentioned on ETA9089 but LCA and other employment posting mentioned as "can work in multiple locations". Wife in on H1B Attorney said that he is going to appeal however that may be denied as well but it may take up to 1yr to know the status. So he suggested as below - As my wife is on H1B, I can apply for COS to H4 in Dec 2012. Stay on H4 till Feb 2013 and can apply for 1yr H1B extension in Feb 2013 - He said H1B will most likely be approved because current PERM denial is appealed and waiting for response and I will also reach the 1yr mark after filing the PERM in Feb 2012 Can someone please advise if the above is true? I heard that if I get back on H1B in Feb 2013 and if my appeal got denied lets say in August 2013, I will be considered as Out of status from Feb 2013 as the PERM appeal is denied. If the appeal is approved, I heard there will be no issues and I will be in status. Thank you Sarat
tips03 Posted November 8, 2012 Author Report Posted November 8, 2012 It is not that I dont completely trust the attorney. I checked with couple of other attorneys and they have their opinions. So just wanted a second opinion. I would appreciate if someone can advise on this. Also is there anyway possible to file for extension and keep working before Feb 2013 while the appeal is pending.
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