H1B extension based on pending labor audit

N

njbks

Registered Users (C)
My I-140 on EB3 category is under appeal and decision may come in Aug 2011. I applied for Labor in EB2 category in Nov.2010 but it went for audit. This audit decision might come after 20 months. If my I-140 of EB3 is denied then can I extend my H1B status based on pending Labor Audit. My current H1B is valid till Feb 2012.

Please advice.

Thanks.
 
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