H1B extension after 6 years with pending BALCA

[niravsv]

Hi,

Here is the scenario :

 

PERM filed in Mar 2011 got audited and then ultimately denied in 2012.

6 years of H1 completed in Jan 2013 including recapture time.

Got 7th year extension until Jan 2014 based on PERM pending with BALCA.

 

Interim, employer hires new attorney and new attorney files PERM in Jan 2013 . PERM is audited in July 2013 and response is filed.

 

Question :

I will be filing for H1 extension and assuming that I will get another extension till Jan 2015 based on BALCA.

 

Can I change my employer if new employer is ready to file PERM before Jan 2014 ? 

If new employer files PERM in Mar 2014 and I140 is not approved till Jan 2015 then what options remain ? 

Can I go to H4 and come back on H1  without leaving the country ?

[rohang]

You cannot file another PERM with same employer if you have case pending with BALCA.

[niravsv]

are you sure Rohan ? My employer has filed it  and i did not find any content on DOL website where it says it is restricted.

even if it is for different job positions; it is not possible ? 

[rohang]

Yes he can for different position, I was wrong.