回複：8 teacher, urgent question,I-94

8 teacher, my I-94 is gonna expired on 10/10/2011,my H1B extention (one year plus two month outside US time) is pending. Do I have to leave US before I-94 expire, i.e. before 10/10/2011

-You are legally present during the H1 extension pending even if your current I-94 expires.

or I can leave before end of Nov of 2011? we are thinking of your choice: going back to China before reach 6 years max (leave about one month unused H1B), then come back at business visa, while also wait perm/I-140.

-The B1/B2 visa may not save your issue because your PERM audit may take one to two years. Of course, you can change your B1/B2 to H1 with one year extension beyond the 6 year limit when the PERM pending is > = one year. Another issue is that it may be difficult for you to get the B1/B2 visa because you may not convince the VO why you need to get the B1/B2 visa.

Because if say perm is denied right now,

-The PERM will not be denied soon due to the audit (you had the experience before, right?).

we have to leave US anyway after staying until 6 year reaches, that is Nov.

and if no any result, we still stay and wait for H1B extension and audit process,and use up 6 years in Nov, then after Nov, the perm/audit (prove or not) are no any meaning. so better leave earlier before reaching 6 year max, do you think this is the best choice for us? 

-Actually I don't see any good choice for you at this point. The PERM audit really makes you in the deep water. You may just wait for the H1 extension result. If USCIS makes mistake to approve your H1 for one year plus two months, you may just take advantage of it. Then, extend it again when your PERM pending is > = one year. If they approve your H1 for two months, you may leave US before December 10, 2011. Then, apply for the B2 visa to come back as you plan. If you can not get the B2 visa, you may stay in China for on year to another 6-year new H1 term.

By the way, how long have you filed the H1 extension? Have you discuss the audit response with your lawyer yet?