H1b 7th year Extension possibility while PERM result an Audit


nicknj

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Posted

Hi,

 

I apply my green card PERM application and it result as an Audit on 27th June. I wanted to know Am I eligible for my 7th year visa extension or not?

 

PERM filing date is: 1/17/2013

My Max out date while filing PERM: 1/9/2014

 

I am 8 days short before 1 year filing. I went on vacation last month for 30 days after filing PERM application.

 

My New Max out date as of today: 2/8/2014

 

If I went to India after filing PERM application, Can they consider my vacation time off 30 days and consider the new Max out date?

 

I wanted to know, Can they add 30 day’s on my max out date and I am eligible for 7th year extension?

 

What will be my possibility for the 7th year visa extension?

 

Please advice.

 

Nick

Posted

It is best to discuss with a qualified immigration attorney. It appears that the scenario describe in the post would result in eligibility for an extension beyond the sixth year in one year increments based on a PERM application filed more than one year before the end of the 6th and final year in H1B.

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