ashwinlama Posted April 16, 2014 Report Share Posted April 16, 2014 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 Ashwin Link to comment
jairichi Posted April 16, 2014 Report Share Posted April 16, 2014 What is suggested is correct as an extension cannot be filed beyond H1B max out date without a PERM pending for more than 1 year or I-140 pending for more than a year or an approved I-140. And, when filing for an extension they need some time to recapture. Link to comment
rahul412 Posted April 16, 2014 Report Share Posted April 16, 2014 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. Link to comment
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