My H1 got denied and I have 30 days to appeal

M

morphius

Registered Users (C)
Hello

I am currently on my 6th year as H1 and it expired on July 8, 2008. I am applying for my 7th year extension and got my H1 extension denied last Aug 6, 2008 because I have a Labor Certification < 365 days pending. I filed my PERM June 9, 2008 and it is still pending. I still have 30 days to appeal the denial,

1. Should I wait for the labor certification and file an appeal?

2. Can I tranfer my H1 to F1 or whatever just to get a valid status?

3. What if my LC gets approved after the 30 days appeal deadline can I refile a new H1 extension?

Help please!!!
 
You have 3 postings of the same thing. Multiple poster of the same thing will not get any response. I hope the moderator removes all your posts.
 
morphius said:
Hello

I am currently on my 6th year as H1 and it expired on July 8, 2008. I am applying for my 7th year extension and got my H1 extension denied last Aug 6, 2008 because I have a Labor Certification < 365 days pending. I filed my PERM June 9, 2008 and it is still pending. I still have 30 days to appeal the denial,

1. Should I wait for the labor certification and file an appeal?

2. Can I tranfer my H1 to F1 or whatever just to get a valid status?

3. What if my LC gets approved after the 30 days appeal deadline can I refile a new H1 extension?

Help please!!!
Click to expand...
1. Approved labor does not mean much. To get 7th year H1, your labor has to be at least 365 days old, whether it is approved or not. Basically, you are not satisfying the requirement and appeal won't work at this moment.
2 Technically, you won't get status change in such a circumstance because change of status requires you to be in status when the COS is filed. But you can try.
3. Approved LC has no effect on H1.

Talk to lawyers.
 
Well actually I have an old LC from my previous company which was filed March 2005 before PERM, and it was approved Oct 2007. But there is some trouble with company A so I transferred my H1 to a company B. That is why i have to file a new LC.
 
Did you had lawyer in h1b extension filing, and he filed in spite of knowing these facts. Meanwhile file appeal, if you are lucky and labor gets approved immediately file I-140 premium processing according to new guidelines and use these basis for another 3 year h1b extension filing, i dont know if this could work for you, just a thought
 
morphius said:
Well actually I have an old LC from my previous company which was filed March 2005 before PERM, and it was approved Oct 2007. But there is some trouble with company A so I transferred my H1 to a company B. That is why i have to file a new LC.
Click to expand...

Are you sure that old LC is still valid ?
 
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