Please guide - H1b 6th year filing perm

[jinneebhat]

My H1b is expiring in Aug 2013 and my current employer doesnt do green card

A new employer is ready to do H1b transfer and file my GC immediately after joining.

I know at best it takes 4 months to get PERM approved, if no audit happens.

But my question is.. what if there is an audit? I know alternatives like moving to dependents or B1 for sometime.

But what if its takes longer than that time frame?

I know I will have to go out of US BUT Will I have to leave my GC employer job? Will the GC process end by itself or would I just have to wait for its approval and then come back on new H1?

Please advise.. got very less time.. any thoughts and opinions will be appreciated

[kalyan_ac]

Are you completing your 6 years by August 2013?

GC is for future employment, if your employer chooses to sponsor you even while you are abroad, you can come back after the GC has been approved.

[jinneebhat]

Are you completing your 6 years by August 2013?

GC is for future employment, if your employer chooses to sponsor you even while you are abroad, you can come back after the GC has been approved.

Thanks,.,

How does it work then? I mean when can I join my new sponsoring employer? After the whole GC approval or after I140 approval when I can get my H1B for seventh year?

[kalyan_ac]

Either way, you can file for h1 extension after I140 approval or after getting the GC.

[jinneebhat]

Either way, you can file for h1 extension after I140 approval or after getting the GC.

Thanks