PERM got audit and about to finish the H1B

R

rajb

New Member
Hi Rajiv ji,

Hope you are doing well.
I am in a situation
  • My H1B 6 yrs. will complete in the first week of August 2023 including my out-of-USA days.
  • My company filed the PERM in May 2022. I got an audit and the lawyer responded to USCIS in March 2023. Currently, I am waiting for the Audit approval.
  • I am going for the premium processing of I140 after PERM is approved.
  • I cannot stay in the US after the first week of Aug 2023 if I cannot get the I140 approved and file for an H1B extension.
In this situation, what are my options?
Should I continue working from the US? Or do you recommend I move to India for two months (Mid May 2023 to Mid-June 2023) so that I can extend my H1B for another 2 months and wait for the approval of the audit and I140?
Will staying in the US till last month can impact me in future approvals? If Yes, in case of negative impact, how can I avoid it?

Please note, if I travel to India now, I need to take stamping appointments accordingly so that I can come back to the USA by mid of July.

Thank you for your help in advance.
 
Based on timeline I believe you are eligible for 7th year H-1B (1 year increment) since your PERM was filed before start of 6th year of H-1B.
 
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