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Hi all, following is my condition and questions. Please do reply
1. My PERM is filed in July 2012. My 6 years were completing on 25 Dec 2012.
2. My PERM application is picked up for random audit in Oct 2012. So I left usa on Nov 2012 without exausting complete 6 years.
3. While in india I came to know that my PERM went to further audit and then its currently in BALCA awaiting result.
4. Based on 365 days pending PERM rule, I received 7th year H1 extension in july 2013 till july 2014.
5. My plan was to complete 365 days out of USA so I can eligible for fresh 6 years of new H1.
6. Accordingly I waited till Nov 2013 and I came back to USA in Jan 2014 on my 7th year H1 extension.
Following are my questions
1. Can my company apply for fresh H1 as my clock reset because of leaving 1 year outside of USA while I am in US on on H1 extension?
2. Can I apply for fresh H1 from any other company?
3. If answer to question 1 and 2 are no then what are my option to file fresh H1? Do I need to go back to India and stay another year to file fresh H1?
1. My PERM is filed in July 2012. My 6 years were completing on 25 Dec 2012.
2. My PERM application is picked up for random audit in Oct 2012. So I left usa on Nov 2012 without exausting complete 6 years.
3. While in india I came to know that my PERM went to further audit and then its currently in BALCA awaiting result.
4. Based on 365 days pending PERM rule, I received 7th year H1 extension in july 2013 till july 2014.
5. My plan was to complete 365 days out of USA so I can eligible for fresh 6 years of new H1.
6. Accordingly I waited till Nov 2013 and I came back to USA in Jan 2014 on my 7th year H1 extension.
Following are my questions
1. Can my company apply for fresh H1 as my clock reset because of leaving 1 year outside of USA while I am in US on on H1 extension?
2. Can I apply for fresh H1 from any other company?
3. If answer to question 1 and 2 are no then what are my option to file fresh H1? Do I need to go back to India and stay another year to file fresh H1?
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