My company screwed up. What options do I have?

A

amarjain77

New Member
Hello Friends,
My current company had filed my PERM about 13 months ago and had mentioned that it had been approved. However, very recently when I spoke with my company lawyer about extending my H1B past the 6th year, I discovered that the PERM had never been filed and there is no way I can file for an extension. It seems that the previous law firm employed by my current company had messed up and confused my application with some other candidate.
What can I do now since my 6th year ends on Nov 15th. I can recapture about 1 month I stayed abroad. Is there any way I can get a labor approved by Nov 15th or can I file an RIR? Can I apply in EB3 category to get my labor done faster? Can I get admission to any school and change my status to F1 and then apply for the H1B cap next year? What can I do to stay on in USA?
 
According to the law passed on November 2, 2002; "21st Century Department of Justice Appropriations Authorization Act" (H.R. 2215), H-1B non-immigrant can extend H-1B 1 year at a time, even if his labor is not approved but pending for 1 year or more. It is not necessary that it should be approved.
 
Once your 6 years of H1B expires, you must be outside the US to get another 6 year term. At this time PERM is very difficult due to the large number of well qualified USCs and LPRs.
 
It certainly does since the company must demonstrate that there are no qualified and willing USCs and LPRS wanting the job. If this is the case, PERM cannot go forward. Of course, there are the companies that do not do an honest search but if the company would violate US immigration law, why would they comply with US labor laws.
 
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