My PERM got (RANDOM) audited in the 6th year, options for 7th year extension .. please advise

[sonirao]

Here's My situation:

I-797 Expiration (with recapture): Nov 13, 2013

H1-B Visa Stamp expiration: Sept 21, 2013

Labor Certification with DOL filed: Jan 29, 2013

PERM Audit received: July 22, 2013

 

Option 1: Recapture some time, wait for I-140 approval to extend visa

Leave US for 30-40 days and re-enter before Visa stamp expiration.

This will extend my I-797 with recapture to Dec 23, 2013 latest

If PERM is approved by then, file for I-140 and visa extension

If PERM is not approved by then, leave US on Dec 23rd and file for I-140 after PERM approval. Then extend H1-B based on I-140.

Risk involved: Delay in PERM approval or denial - I'll be stuck in India or have to apply H1-B in fresh quota. 

 

Option 2: Recapture some time, file H1-B extension on the basis of PERM pending

Leave US for 30-40 days and re-enter before Visa stamp expiration.

This will extend my I-797 with recapture to Dec 23, 2013 latest

If PERM is not approved by then, leave US on Dec 23rd and based on PERM pending, extend H1-B on Jan 30, 2014.

Is this possible to do, even if I'm not in the US physically and there's no more days of the 6 years available on my H1-B? If even a week of recapture helps, I can leave the US 7 days before the expiration of my I-797 (with recapture). Please advise.

 

Option 3: Recapture enough time to get H1-B expiration to happen till 365 days after Labor filing

Leave US for 77 days and get visa stamped at Indian (or Tiawan or Canada, if its allowed at a third country consulate).

Re-enter with new stamp and recapture 77 days to extend I-797 expiration to Jan 30, 2014

Risks invovlved: Visa stamp rejection due to being too close to expiration or worse, held for audit beyond Sept 20, 2013. Won't be able to re-enter the country if rejected after visa audit.

Can anyone please comment on this option? The earliest I can leave the country is Aug 10 - will they reject my visa if I get an interview between Aug 12-16 based on the fact that I-797 expires in 4 months? Can I go to Canada or other countries to get my new stamp that reflects the I-797 expiration date?

 

Thanks,

Sohani

[nthaccker]

Hello Sohani,

I am in the same boat as you and my PERM there has been no response 

 

What are you planning to do ?

 

Message me at : *********at gmail