Options after PERM rejected in the 6th year of H1B

USA H1B Visa
1

Hi, My company applied for my GC about 8 month ago, My PERM has been selected for Audit. I only have 8 months left on my H1-B visa. I know that we can apply for H1-B extension after 4 months. What are the options I have in case my PERM is denied before that? Can we refile PERM in that case? will I still get 1 year extension on H1-B while the new PERM is pending. Thanks, Tanu

2

They can apply for H-1 extension only if the PERM has been pending for more than 12 months. So if the PERM is denied, and new PERM is filed, it will not give you enough time for H-1 extension.

3

Thanks Saurabh,

Just got an email from my lawyer that my PERM has been approved. It took about 4 month for DOL to take the decision after replying the Audit. Thanks again for answering my question. Tanu