H1B Maxout - Told to Leave Country in advance due to possible PERM Audit


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Hi Experts,

I was contacted today by my immigration department suggesting me to leave the country for 3 months .. I dont trust them too much on this one as they have been wrong before so wanted to double check here


Here is my situtation


H1B Expires on 8/2014

Extension about to be filed next week (recapture) till -  01/2015

PERM - To be filed on May 1, 2014


What they are saying is IF there is a possible Audit on my perm later this year (according to them it is 1 in 3 chances), then they cannot file for 1yr extension as it requires 1 year from the date of filing Perm.. Which means I will then have to leave the country in 01/2015 and come back after May1, 2015 once the extension is done ..


So I wont be on Employer payroll between January-May (and I cannot use my PTO either)


What they are suggesting is for me to leave the country as soon as possible before June and spend 3 months in India so that even in case of Audit they can file the extension and I will always be on payroll


Its annoying because they delayed the application , and I will have to pay double rent for 3 months, tickets to India etc.. 


Please advise if this is the right thing to do









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First, if you cannot trust your employer then find another one. what's guarantee that you won' be in trouble in future??

Second, for H1 ext beyond 6 yrs your I140 has to be approved or an LC filing made 365 days prior.


If I were you I would find another employer rather than taking risk daily.

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