H1 in 6th Year. H1 Ends in Jul 20 2015. Perm Applied on Aug 08 2014


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My employer applied for Perm on Aug 08th 2014. And my H1B Visa is valid till Jul 20 2015 (6yrs will be completed).


My Question:

1. What is the scenario if my Perm gets RFE. Since I dont have 365 days after Perm Application, should I go back to India. Or Can I apply for H1 again for one more year. What is the best option here.


2. I dont have Masters Degree. But I have 8 yrs Exp. 7yrs from my previous employer and 1.5 yrs with current employer. What are the changes for approval without RFE. Did any applied in this scenario.







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1. If your PERM is audited, it could take well over 5 - 6 months to get a response. It's most likely that the decision on your PERM will come well after your H1B expiry date. There are a few ways you can handle this - Convert to H4 status if your spouse is on H1; Leave USA and either go to India or to a near by country such as Canada until your PERM is approved OR you complete 365 days from your priority date, which ever is earlier and H1B is extended.


2. Audits could be specific to your application, depending on how good your law firm is or it could be a random audit. Nobody can prevent random audits from happening, no matter what experience you have. Roughly 33% of the PERM cases are audited at random and if that happens, it's nothing but tough luck.

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In case PERM approval is pending and H1B expires, Going back to INDIA or any other county will not affect pending PERM applicaiton ? Does that mean once PERM is approved and if person is in INDIA, he will be able to apply for 1 year H1B visa and can come back?

1. No, it will not affect. PERM process will continue. Keep in mind GC is for future.

2. No. Only a PERM or I-140 pending for more than 365 days or an approved I-140 makes you eligible for H1B extension.

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