H1B extension after 6 years while PERM Labor is pending on audit.

By: Shah Peerally Esq.

Type: H1b extension after 6 years. How to get a 6th year extension when there is no time to for 365 days pending for the labor certification, & perm is on audit?

Caller: My H1 is going to expire this year July my company has filled the form but the form got audited so just I’m curious to know that if that is not approved my H1 deadline what are the available options for me?

A: Ok your on the 6 years right?

Caller: Yes 6 years and that is going to expire by this year july

A: Let me ask you another question, how long the perm has been pending since they filled it including the audit?

Caller: It is filed 4 months back

A: You need to have 365 days pending then you can do an extension of one year or if hopefully it gets approved before July and you can apply for I-140, and if the I-140 is approved you will be able to get the three years in this case if this is happening. What I will advise you to do you might have to take a vacation in the middle just to have this 365 days or have the I-140 approved so this is a very tricky situation. That’s why we recommend people to file their GC very early. Did you travel outside country? Basically have you redeem all this time that you have travelled.

Caller: I only have 1 month for recapturing

A: So you need to talk to your company lawyer, your need to calculate the time exactly you might have to before the July is reached you might have to leave for a while just to make it one year, 365 days or wait for the I-140 to be approved, because once you pass the deadline, you won’t be able to attach a new extension on it, so you need to be very careful, so if you want me to analyze and give details give me a call at the office at 510 742 5887 and I can sit down with you and tell you all the options you have at this point. It will be hard to get 365 days in your case even if you stay because your left only with 7 months. You have only 4 months left to file so your 11 months, so your short of one month if you can recover that one month for your vacation then you might be able to do it you have to be smart how to do it.