Perm Audit - in 6th year


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My 6th year H1B visa is expiring on Feb 1, 2012. I have applied for PERM on Mar 15th, 2011 - i.e not before 365 days of visa expiry. I just got to know from attorney that there is an audit on my company's recruitment process and my PERM might not get approved before my H1B visa expiry date.

I went on vacation to India after applying PERM for 1 month and hence I might get extension upto Mar 1st, 2012. What options do I have if I go out of country for 1 more month?

1) Can I apply for H1B extension in Jan 2012 to get extension until Apr 1st, 2012? Will I get extension?

2) Will I fall under category of applying my PERM before 365 days of Visa expiry after getting extension until Apr 1st, 2012?

3) Can I apply for 1 more year of H1 extension on pending labor processing?

Appreciate if someoen suggest a good option to continue in US?

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In these situations, its best to discuss your case with a knowledgeable immigration attorney so that you and your employer can go through "best case" and "worst case" scenarios with you in terms of your H1B status timing in light of your Greencard processing.

I recommend that you contact a knowledgeable immigration attorney in regard to your case so that you can obtain case-specific advice.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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