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EB2 Audit vs H1B 6th year extension

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  • EB2 Audit vs H1B 6th year extension

    Dear All,
    Could someone advice on below scenario.

    Person X’s H1B visa sixth year is expiring on 11/2013 and his Green card process initiated on 09/2011 on EB2.His employer initiated the H1B extension on 11/2012.Then his Green card process ends up into Audit on 05/2012.He got H1B extension for an year as his GC process is in progress with EB2 audit results awaiting status.EB2 audit results have come unfavorable on 03/2013.

    So in this case ,

    Does the person X has to leave the US as soon as Audit results come unfavourable?

    If so, what would be the immediate good option right after EB2 audit unfavorable results so as to remain stay in US and work for the same Company?

    Thanks in Advance
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