PERM denial - perpetual recruitment

J

jj32

New Member
My case was denied due to the inclusion of recruiting that took place outside the 180 day/30 day window in the application. Apparently the attorney was not aware the suggestion that the application to be drafted to ONLY include the recruitment within the allowed window. Now the appeal has been filed and it seemed that nothing could be done except waiting.

Does anyone here know how long it will take DOL to process the appeal, and what's the odd that the appeal will succeed?
 
The atternoy seemed to think it is a DOL error and filed the appeal.

1) Is the case still considered to be "Pending" in the appealing process so I can get 7th H1B extension?
2) Since it can not be refiled in the appealing process, can I take back the appeal in order to refile the case?
3) Assume the answer for 1) is yes. Since the application was filed so late in the timeline, everything need to be redo from scratch if refile, the new case would most likely to be filed in the 6th year of H1B. Can I extend H1B for 7th year and then file the new case? Or is it advisable to switch an employer to file a fresher one?
 
jj32 said:
The atternoy seemed to think it is a DOL error and filed the appeal.

1) Is the case still considered to be "Pending" in the appealing process so I can get 7th H1B extension?
Click to expand...


7th year extention can only be applied if labor is pending for more than 365 days.
 
jj32 said:
The atternoy seemed to think it is a DOL error and filed the appeal.

1) Is the case still considered to be "Pending" in the appealing process so I can get 7th H1B extension?
It is considered PENDING until you hear back on the decison of your appeal.
2) Since it can not be refiled in the appealing process, can I take back the appeal in order to refile the case?
Yes, you can (I don't know the exact process for this). But it may create problem for filing extension if you withdraw.
3) Assume the answer for 1) is yes. Since the application was filed so late in the timeline, everything need to be redo from scratch if refile, the new case would most likely to be filed in the 6th year of H1B. Can I extend H1B for 7th year and then file the new case? Or is it advisable to switch an employer to file a fresher one?
Click to expand...
It all depends on how much time you have before your 6 year ends and how your new case goes through the PERM system. If everything goes smoothly and you get your PERM certified and I-140 approved before your 6 year ends, you can get 3 years H1B extension regardless of when your PERM application was filed. you may want to talk to a qualified attorney and weigh out your options. Depending how much time you have left, you can take chance by waiting on appeal, get 7th year extension and then file a fresh case after withdrawing appeal, then get PERM Certified and I-140 approved before7th year ends.

I hope this gives overall picture of the options you have.
 
Dont APPEAL...Just DO that Again..

Before That PULL Up Ur Lawyer ..Lawyers SUCK...Just TAKE MONEY ...


jj32 said:
My case was denied due to the inclusion of recruiting that took place outside the 180 day/30 day window in the application. Apparently the attorney was not aware the suggestion that the application to be drafted to ONLY include the recruitment within the allowed window. Now the appeal has been filed and it seemed that nothing could be done except waiting.

Does anyone here know how long it will take DOL to process the appeal, and what's the odd that the appeal will succeed?
Click to expand...
 
My attorney said that DOL is looking into the issue of recruitment started prior to the 180-day period and this should be clarified soon. However, I came across an article the other day stating that DOL didn't consider this to be an error of PERM systems. Did anyone hear anything about it?
 
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