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PERM Processing : Labor: How long does it take to get Labor approved if gone for audit?

Cleveland, OH |
Filed under: Immigration Green cards

I did submitted my GC PERM appln in Nov 16th 2011, but was taken for audit in Mar 1 , 2012. My Visa expires (6th Year) in June 3rd of 2012 and so would like to know if the labor processing will be done within June of 2012? If not, Am I eligible for H1 extension?
At worst case, if Visa cannot be extended, Do I have to go out of country?
If gone, how soon I can be back to US?

Please advise.


Attorney Answers 3


DOL is currently working on audits for Labor Certifications filed in June 2011.
You would only be eligible to extend your status if you have not reached the 6 year maximum.
Yes, you would need to leave the US, if you cannot extend your status. You would need to remain abroad until you can regain H-1B status.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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It is very doubtful that your audited PERM will be approved by June. You may have to leave the US for one year and apply for a new H-1B.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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1 comment



Carl, Is this new H-1B subject to Cap quota? Thank you.


I agree with my colleauges. You also need to consult with your employer's immigration attorney. I would also consult and get a second opinion. Most of us have free initial consultations. Since you are in Cleveland, feel free to contact my office. Good luck,.

Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at All initial constulations are free.

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