In deep trouble... labor rejected

T

tinks

Registered Users (C)
Need advice...
My labor was filed in RIR on March 2005. I got a 7th year extn in Jun 2006. After getting the extn I converted my RIR application to Perm application. My application was rejected yesterday. I need to file for anohter H1 extn in a couple of months.
Is it possible to file for a fresh labor and do a premium I140 and get an H1 extn based on that? Does the Priority date need to be 1 year older in order to get an extn on H1?
What are my options? Please help.
 
tinks said:
Need advice...
My labor was filed in RIR on March 2005. I got a 7th year extn in Jun 2006. After getting the extn I converted my RIR application to Perm application. My application was rejected yesterday. I need to file for anohter H1 extn in a couple of months.
Is it possible to file for a fresh labor and do a premium I140 and get an H1 extn based on that? Does the Priority date need to be 1 year older in order to get an extn on H1?
What are my options? Please help.
Click to expand...

Your 8th year extenstion will be based on Labor and/Or I-140 processing > 365 days. You can apply for a new labor and should get started on it ASAP and hopefully you will get both labor and I-140 processing complete before your H1 extenstion. Meanwhile, you should explore the possiblities of doing an appeal process with your old labor which may help with your 8th year extension.
 
Thanks Spring. Do you mean that if I apply for a fresh labor with in a month and complete the labor and premiumn I140 processing in next 4 months then I am eligible for an extension even though my priority date on I140 is only 4 months old?

Thanks,
 
spring05 said:
Your 8th year extenstion will be based on Labor and/Or I-140 processing > 365 days. You can apply for a new labor ...
Click to expand...
This is just a part of the rules, based on above you can get 1 year extension, if youhave i-140 approved (using premium processing) you can file 3 years extension. if I-140 approved and you cannot file I485 because of retrogression no other conditions, like time since filing etc, required to file for H1 extension
 
tinks said:
Thanks Spring. Do you mean that if I apply for a fresh labor with in a month and complete the labor and premiumn I140 processing in next 4 months then I am eligible for an extension even though my priority date on I140 is only 4 months old?

Thanks,
Click to expand...

Your extenstion will be based on approved I-140 (in your case) and not on priority date. PERM process can take from days to months. Like vvk01 indicated, you will be eligible for 3 year extension after I-140 approval.
 
I am in similar situation. Got labor denied several days ago, and H-1B will expire in early Feb.2007. According to the discussion here, my only hope is to appeal and get 1 year extension of my H-1B, right? Does anyone familiar with the appeal process? Could you share with me some information? (I can't trust my lawyer now) How long does it take from appeal till I can file H-1B extension? Any information is much appreciated.
 
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