QUESTION

2nd term H1B expiring on Feb- 2013 including recapture time. Got a labor audit on sep / 2012. What are the chances of getting it approved by Feb. 2013

Asked on Sep 15th, 2012 on Immigration - New York
More details to this question:
If I stay outside the country from November to January 2013 will that add recovery time on H1B extnsion?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The Department of Labor is currently taking approximately nine months from the date of initial filing to deliver an adjudication on an audited case. PERM processing times as of September 4, 2012, show that DOL is currently processing audited January 2012 cases. Although the timeline is subject to change, you should think in approximate terms of nine months from the date of your filing. Under current CIS rules, any time spent outside the United States while on H-1B status is deducted from the six year limit. If you remain outside the United States from November to January 2013, that period of time can also be recaptured.
Answered on Sep 18th, 2012 at 12:12 PM

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