anil67 Posted February 6, 2013 Report Posted February 6, 2013 Hi all, My first perm went into audit(travel required not mentioned in adv.) and then lawyer extended my h1b for 7th year( exp: Jan 2014) and then 1st perm got denied. New perm applied when H1B was in 6th year and today I received a bad news that my perm is denied. Stil waiting for physical copy for details of reason. Lawer states they will apply for government error issuer / Motion to reconsider depending on the reason. And if it is MTR then they will widraw and refile new perm in march 2013. My questions is 1> Will my current H1b Extension be valid till Jan 2014 ? ( as it was extended on the basis on perm audit which is already denied) 2> Can New perm be filed in my 7th year of H1B ? 3> if yes, and if perm filed in 7th year gets audited, can my h1B be extended further ? any other options I have ? please help .. Thanks and regards anil67
Attorney_11 Posted February 6, 2013 Report Posted February 6, 2013 A new PERM can be filed in the 7th year of H-1B. The 7th year of H-1B can be extended so long as the individual is the beneficiary of a PERM or I-140 filed more than one year before the end of the 7th year of H-1B or an approved I-140 in a backlogged immigrant category.
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