PERM audit,H1b Expired,role changed,1yr not complete


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Hi Gurus,


I am so confused with my status now even after talking to a couple of immigration Attorneys.


1. My company got acquired and my role changed to a new role in July 2012.

2. PERM filed in Apr 2013 with my old role details.

3. H1B expired in Apr 2013 and with recapture, extended to Dec 13.

4. PERM picked up for audit and responses submitted in Dec 13.

5. H1B used up. living in US on B1 to file for one year extension in Apr 14.

6. In May 14, my company tells me that since my role has changed and the skill set required for the new role is not scace in US, the extension wouldn't pass immigration and terminated my job and asked me to leave US..


One attorney says, company attorneys did a mistake as I should have at least one day on my H1B to file for one year extension and that should be the reason to terminate me.


Another one say, all I have to do is to request the company not to revoke my PERM and find another employer and the new employer can file for H1B and get the one year extensions until PERM gets approved..


I am completely confused.. What is the exact rule to file for one year extensions if PERM is pending in Audit.. if H1B is fully used up, cannot I file for extension?


Please let me know what are the options you see...


Thanks in advance for your wise words..



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