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h1b maxed out 6 years, perm audited

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  • h1b maxed out 6 years, perm audited

    Hi my h1b reached 6 years and now the pending perm is being audited .

    I am officially terminated of employment , but the employer attorney states he will continue with the perm process and employer will rehire me after I-140 is approved.
    To make things even more complicated my h1b recapture extension was denied and was not notified 2 weeks after it has expired.


    I am just questioning if its possible to get perm approved after h1b maxed out and expired.
    Second question how will the 2 week unintentional "overstay" affect my future visa applications .

  • #2
    Originally posted by dreamin View Post
    Hi my h1b reached 6 years and now the pending perm is being audited .

    I am officially terminated of employment , but the employer attorney states he will continue with the perm process and employer will rehire me after I-140 is approved.
    To make things even more complicated my h1b recapture extension was denied and was not notified 2 weeks after it has expired.


    I am just questioning if its possible to get perm approved after h1b maxed out and expired.
    Second question how will the 2 week unintentional "overstay" affect my future visa applications .
    H1 has got nothing to do with your GC petition or PERM. So no problem there.
    You will have problems if you accrue more than 180 days of illegal stay. So if you leave asap you should be OK.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by dreamin View Post
      Hi my h1b reached 6 years and now the pending perm is being audited .

      I am officially terminated of employment , but the employer attorney states he will continue with the perm process and employer will rehire me after I-140 is approved.
      To make things even more complicated my h1b recapture extension was denied and was not notified 2 weeks after it has expired.


      I am just questioning if its possible to get perm approved after h1b maxed out and expired.
      Second question how will the 2 week unintentional "overstay" affect my future visa applications .
      Do you know why your H1B recapture petition was denied? That should be quite rare as one just has to prove through passport stamps the days they were outside of USA.

      Comment

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