"NOF" after 5 Years - on 7th Year Extension - If gets denied; can I apply for 8th ye

[harryali]

Hello Everyone;

After 5 years of wait; I got NOF on my labor. My laywer has filed a rebuttal.

My questions; suppose my labor gets denied; will I still be eligible for 8th year extension? Will my 7th year extension become void?

I heard that RIR cases when they get denied they go back to traditional; and you are eligible for applying 8th year or future extensions? Is this true?

Thanks,
Haider

 

[labordrags]

Hello Everyone;

After 5 years of wait; I got NOF on my labor. My laywer has filed a rebuttal.

My questions; suppose my labor gets denied; will I still be eligible for 8th year extension? Will my 7th year extension become void?

I heard that RIR cases when they get denied they go back to traditional; and you are eligible for applying 8th year or future extensions? Is this true?

Thanks,
Haider

If you don't have no labor, or pending, you are not qualified for the next year extension. Your 7th year is still vaild regardless of labor being approved or no. To get 8th year extension, you need to show that your labor is pending for 1 year, which in your case, if gets denied, would be nothing left to show USCIS for future extension.

Apply for PERM or find someone who is willing to do PERM. PERM gets approved within 3-4 months time period. Once it gets approved, you have a chance to apply 140, if you do premium processing which gets approved in 10-15 days, then you can apply for your H1 extension for 3 years. (Make PERM as a backup plan).

 

[harryali]

Thanks - one more question

Thank you Sir.

I have one question.

My lawyer has been telling me that even though my labor gets denied in PBEC; it will go back to the traditional category (may be non-RIR); and labor department will create a job order number and ask to re-issue the Ad and all the results will go to the labor department then the normal process.
In this scenario; I will still be eligible for 8th year extension.

Is this true?

Does the RIR case go to traditional department after it gets rejected?

Thanks,
Haider

 

[labordrags]

Thank you Sir.

I have one question.

My lawyer has been telling me that even though my labor gets denied in PBEC; it will go back to the traditional category (may be non-RIR); and labor department will create a job order number and ask to re-issue the Ad and all the results will go to the labor department then the normal process.
In this scenario; I will still be eligible for 8th year extension.

Is this true?

Does the RIR case go to traditional department after it gets rejected?

Thanks,
Haider

Haider Sir: There should be a reason why your RIR may get denied. If it is denied in a ground that the sufficient recruitment not being conducted, it may go back to the NON RIR queue, where they will send out the supervised instruction, and you will be liable to go thru that route. If for other reason it gets denied, possible chances are your lawyer may appeal for it to get right. You will still be eligible to file 8th year extension based on the fact that your labor is not denied. Making it going thru NON RIR queue is not a denial, its called kicked back, where plenty of people went thru that one in the past and they don't have no problem getting their H1 being extended. Hope this helps. Dont lose your hope.