Audit in PERM and H1 is reaching max out

[vnyvh]

My company is different state than my residence state. But the commute is just 30 mins by car.

 

My PERM submitted by company A, received audit (RFE) last week. PERM is filed in March 2013. The audit has following queries -

• Recruitment resumes
• Employee referral Program
• Prove that the PERM expenses are owned by company
• Prove how employee staying in different state can work at your office.

 

My question here is how important is the point#4 in above audit? I am not getting how it matters if the residence state is different than office state when it is commutable by car very easily?

 

Another advise, as my H1max is reaching by next July. How safe it is to switch to Company B, if the company B is ready to start my PERM as soon as I join them? Or I should be continuing with current employer till i get PERM result and start  future employment PERM with company B?

 

Please let me know as the PERM process is pretty slow and want to take further actions accordingly.

 

Thanks.

[rohang]

Switching will not help, as time is too less for getting PREM approved.

 

point#4 is not very hard to respond, I am hoping you are filing your taxes correctly in both states.

[vnyvh]

Thanks Rohang.

 

I am filing taxes in both states regularly. 

 

Is future employment PERM is a suitable option on a safer side?

[blancx]

You seem to be living and working in a metropolitan area that spans more than 2 states, like Maryland, Virginia, and DC or New York city, Connecticut, and New Jersey.

 

These are very common situations.  One way would be to submit your residence address with proof - lease, utility bill, etc. and proof of work address from employer - example, document of incorporation of the business, etc.

 

Map the directions from work address and the home address and vice versa.  Print and submit it as proof of commute.

 

 

As rohang mentioned, do not change employers.  Since your PERM will be pending for more than 365 days in July 2014, you can get 1 yr H1 extensions.  Get your I-140 approved from current employer and then, if necessary, switch employers.  That way you can retain your priority date when your new employer files for GC.