On 7th Year, PERM Audit Denied, H1B (1 year extension) ending Sept 2015, Can new Employer petition me?

[turoh]

Hi I'm on my 7th year, the current employer applied me for PERM it got audited and received a denial.  Current Employer did not appeal or send reconsideration.  Some employers are interested to hire with a different job.

 

However, my H1B on its 7th year(1 year extension) is ending Sept 2015. My question:

 

1. is it possible for a new employer to petition me for H1B?

2. can I stay without exiting for 1 year?

3. What are my options: can the new employer petition me immediately again for PERM?

[jairichi]

1. Not beyond Sept 2015.

2. Till Sept 2015.

3. Yes.

[admac]

Hi Jairichi -

 

In relation to point 3 response, a 140 should also be approved for an extension post sept 2015, correct...?

 

If the 140 is not approved, can they still file a H1B petition with the new employer? If not, should they exit the country prior to sept 2015 ? Then, can a H1B extension be filed when they are not in the country.