Perm Audited and reaching end of 6years on H1B


simi_sid

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Hello

H1B - Expires Mar 04 2013 including all time recoup

PERM applied EB2 - July 03 2012

PERM status - 9089 Audited to affirm that Company paid for my PERM . Provided response to audit in Sept , 2012

Since the PERM was applied < 365 days ago , I cannot ask for 1 year extension on my H1B . I am wondering what are my options because I will be running too close to March if i wait for final decision on my application and I was told that 40% of people who get the first audit get the second audit too which may extend the decision on application beyond March.

My question is if I leave US for two months ( Dec and Jan ) , go to Mexico ( as I have to get a US visa stamp and when I checked there were no dates available in India till mid Feb, 2013) , come back in Feb and recapture some more time on h1b extending me to May , 2013 , are there any really big risks that I will be taking ? For eg : going for stamping with only 2.5 months remaining on I-797 , do I run a very high risk of rejection ?

I have never had any visa issues in past with stamping or otherwise. Was wondering if any one had a similar experience as me or had a similar situation as me and shed some light on if the above option is viable OR if I have any other option ?

Thanks a lot

S

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