H1B Close to 7th year and PERM is in process


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my PERM PD is 2/1/13 and is currently in process and waiting for approval, my I94 expires 8/17 (6years with recapture time). Planning for travel.


Would it be a good idea not to use all days left and complete the full 6 years instead leave the country a week before so that the 6 years is not fully completed?


if Labor is audited, can my company extend H1B for a year after 2/1/14 because it will be over a year since PERM is in the process and I have not completed full 6 years?


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In June 2013, they were processing cases from Jan 2013 (http***********************) so I would say your case is either getting close to evaluated or evaluated right about now. If all is well, your approval should come before your 6 years are over (8/17/2013). If not, then yes, you will have to leave US. If your PERM does not get approved, I think spending a couple bucks on getting legal advice would be helpful.

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