H1B Extension awaiting PERM status

[kppai123]

Hello,

My H1B Visa will expire on 22-May-2013 and I will complete 6 Years.

My PERM was applied on 29-Nov-2012 and I am still awaiting the status.

If my PERM gets audited, will I be able to extend the H1 to an additional one year?

If it does not get audited, my employer will be doing I-140 in Premium processing.

Thanks,

Pradeep

[Attorney_11]

Extensions beyond the sixth year in H-1B require the beneficiary to be the beneficiary of a PERM Labor Certification filed more than 1 year before the end of the 6th year in H-1B classification or an approved I-140 in a backlogged immigration category.

[kppai123]

Thank you.

So, what are my options if PERM gets audited?

Thanks,

Pradeep

[kalyan_ac]

Since the PERM has not been filed 1 yr before the end of 6 yr period and because the PERM is not 365 days old, you will not be able to file for extension.Either you will have to leave or change to different status.

[shekar11#]

Did you go out of country during your 6 years H1-B term? If yes then you can file extension for those unused days atleast till you get a decision on your PERM.