I am in 6 th yr of my H1b, visa is expiring on sep 30 2012. My employer has applied EB3 labor on Dec 1 st 2011. Unfortunately, DOL has randomly picked it up for Audit. My employer replied audit on Apr 10 th 2012.
My employer is saying Since DOL has a backlog in deciding audit, this case is stuck for about a year or more.
My wife is a home maker - on dependant visa
I have 3 months old son, who born in USA.
What are my options to get visa extension?
What if I did't get labor approval untill sep 30 th 2012.
Can we file a new labor, since i have 5 more months? Please advice.