Need help with Perm Audit (2nd Perm), 7th year H1 B Expires

[Ramuk]

Can anyone please let me know your thoughts on my situation?

 

First Perm: Filed on May 2013 -> Random Audit on Jan 2013 -> Perm Denied on Dec 2014. My position had changed and a new perm was filed and got my 7th year H1B extension based on the appeal on my first perm.

 

Second Perm: filed in July 2015 -> Audit on March 2016, looking at the DOL Website it looks like Jan 2015 audit cases are being reviewed which leads me to believe it is around 9 months. With that said, my 7th year H1B expires in Dec 2016. The chances of getting an answer by Dec 2016 seems pretty slim. 

 

what are my options?

• Do I leave the country and wait until I hear back on my case? If approved, apply for I485, extend H1B and try to come back?
• Do I apply for F1 and COS from H1B to F1 while I wait on my decision, if so, how easy is it to change from F1 to H1b again?
•  If I get denied before Dec 2016 what options do I have? Can I change apply for F1 and change from h1B to F1?
• If I decide to go back and get my perm denied, what options do I have? Do I stay out of the country for 1 year and apply for a new H1B in 2018 April against Cap (provided my employer is willing to)?

 

[permaudit]

Since you applied in July 2015 and if the PERM is not processed by July 2016 (that is if there no action taken to your audited PERM application) then it is considred to be pending PERM for more than 365 days i believe. If that is the case, you should be eligible for 1 year H1B extension.

 

After the PERM is approved, you have to file I140 and not 485. If 140 is approved, you will be eligible for H1 extensions.

 

Applying for F1 COS just for the sake of immigration benefit is illegal. 

[Ramuk]

Thanks for your reply. Just so I understand you, can I apply for an 1 year extension again even though iI applied for an extension into 7th year based on my First Perm denial/Appeal (provided I don't hear back until July 2016, 365 days from my PD)?