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New H1B after EB3 PERM Denial

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  • New H1B after EB3 PERM Denial


    I completed my 6 years on H1 in Oct 2010. My EB3 PERM was filed in Jul 2009. I got 1 year H1B extension to Oct 2011 based on EB3 PERM filing.

    I never really used this extension. I stayed out of US till Aug 2011.

    In Apr 2011 EB3 PERM was denied. I am now learning that I can not extend H1 anymore even if I did not utilize the extension. - Can some one verify that for me?

    Also if I happen to leave US now (say in Sep 2011) and want to file new H1B, do I need to stay out for consecutive 12 months (uptil Sep 2012) or just 1 month uptill Oct 2011 (since I have already spent 11 months outside US in recent past).

    Really need some help here...