H1 expried - perm audit currently. Can extension be filed after audit resolution?

[Ryt]

Hi,

My 6 years of H1 plus the recapture time has expired in March 2014 and I filed for my H4 prior to its expiration. My employer filed my labor May 2013 which is currently pending audit due to which my H1 could not be extended in March.

Once the audit is cleared in say, May or June 2014 and I140 approved, can my employer file my H1 extension? Or is it not possible now as my H1 ended in March? Is it necessary to have few days of the H1 to actually remain in order to file the extension after  the labor and I140. approval?

Please let me know. Let me know best time to discuss and give any other details you may need.

Thanks.

[rahul412]

I guess you need to wait till your I140 is approved.