H1-B 7th Year Exten on PERM Audit

[enigmatic100]

Experts,

My H1-B is about to expire on 07/02/2012 and my employer is filing an extension to recapture unused time of 50days, that takes me to 08/22/2012. However, as my PERM application was submitted less than a year ago and is currently being audited, I will not be able to apply for a 1 year extension. My wife who had an H1-B in the past and is now on H4-B is planning to have her H1-B re-opened. Considering the situation, please advise what my best possible options are.Also, if my wife change her status to H1-B and i change mine to H4-B, what happens to my PERM application and and can i apply for I-140 and my 7th year extension?

Raj

[shervin143]

Here is the best option. Save some time in your current CAP rather than recapturing all the time and utilizing them. If your wife can change to H1B asap, then switch to H4. Wait for the labor filing to complete 1 year and file your H1B to recapture the time spend outside U.S (it is advisable to keep at least 2 months to recapture later). Once you are in H1B, your employer can file the 7th year extension based on the pending or approved PERM.