What is the name of your state (only U.S. law)? CA
Hello,
My PERM was applied in June 2012. Audit received in Sept '12, and I left the US in Oct '12 (one day prior to completion of 6 years of H1B).
PERM was denied in April '13. MTR appeal was filed subsequently, and case recently went to BALCA.
As I understand, I can apply for 7th year extension in June '13 based on 365 days passed from PD and PERM pending (in BALCA).
Questions:
1. Can I wait until Oct '13 before applying for my 7th year extension, since that way I would have completed 365 days out of the US and reset my clock? (this is assuming BALCA decision is still pending at that time, and I believe BALCA decisions take a long time in general)
2. If yes to above, then am I eligibile to apply for a fresh H1B in April '14 (based on the fact that my clock would be reset in question 1 above)?
3. If no to question 2 above, then can I switch to L1B via AOS prior to April '14, and then apply for fresh H1B in April '15?
Thank you in advance for any help!
Hello,
My PERM was applied in June 2012. Audit received in Sept '12, and I left the US in Oct '12 (one day prior to completion of 6 years of H1B).
PERM was denied in April '13. MTR appeal was filed subsequently, and case recently went to BALCA.
As I understand, I can apply for 7th year extension in June '13 based on 365 days passed from PD and PERM pending (in BALCA).
Questions:
1. Can I wait until Oct '13 before applying for my 7th year extension, since that way I would have completed 365 days out of the US and reset my clock? (this is assuming BALCA decision is still pending at that time, and I believe BALCA decisions take a long time in general)
2. If yes to above, then am I eligibile to apply for a fresh H1B in April '14 (based on the fact that my clock would be reset in question 1 above)?
3. If no to question 2 above, then can I switch to L1B via AOS prior to April '14, and then apply for fresh H1B in April '15?
Thank you in advance for any help!