PERM denied, filed motion to reconside, H1-B extension

[mbyanfei]

My PERM was filed 11/03/2006, because of a serious mistake made by our attorney, it was denied shortly after, then around 12/12/2006, a request for reconsideration was filed, after that, we haven't heard of a single word from DOL Atlanta center, since my H1-B will expire 6/29/2008, I am wondering if I will be eligible to extend my h1-B on a yearly basis?

From my own research, one can extend H1-B

1) If the H1-B holder has filed either a Labor Certification application or an I-140 petition 365 days before the expiration of the six-year limitation, and the LC or I-140 process is still pending, the H-1B visa holder may extend his or her H-1B on annual basis beyond the six-year limitation. There is no upper limit on total years in H-1B extension under such circumstance as long as the immigration process is still on going.

This is a little different from mine, anybody know whether I will be able to extend or not for sure?

Also, does anybody have similar situation like me, do you know what is the average waiting time for Motion to reconsider?

 

[great guru]

As of today you do not have any LC pending more than 365 days to extend your H1 beyond 6 years.

If your attorney is clever enough to proceed with reconsideration of your PERM and successful you have chance to extend your H1. Call eery week your attorney to follow it up.
Check what kind of action he has taken to rectify his own mistake on the PERM.
-------------------------------------

My PERM was filed 11/03/2006, because of a serious mistake made by our attorney, it was denied shortly after, then around 12/12/2006, a request for reconsideration was filed, after that, we haven't heard of a single word from DOL Atlanta center, since my H1-B will expire 6/29/2008, I am wondering if I will be eligible to extend my h1-B on a yearly basis?

From my own research, one can extend H1-B

1) If the H1-B holder has filed either a Labor Certification application or an I-140 petition 365 days before the expiration of the six-year limitation, and the LC or I-140 process is still pending, the H-1B visa holder may extend his or her H-1B on annual basis beyond the six-year limitation. There is no upper limit on total years in H-1B extension under such circumstance as long as the immigration process is still on going.

This is a little different from mine, anybody know whether I will be able to extend or not for sure?

Also, does anybody have similar situation like me, do you know what is the average waiting time for Motion to reconsider?

 

[mbyanfei]

As of today you do not have any LC pending more than 365 days to extend your H1 beyond 6 years.

If your attorney is clever enough to proceed with reconsideration of your PERM and successful you have chance to extend your H1. Call eery week your attorney to follow it up.
Check what kind of action he has taken to rectify his own mistake on the PERM.
-------------------------------------

Thanks for the reply, well, she already filed the reconsideration Dec. last year, the problem is until now, we haven't heard of anything - that is the sad part - we don't know anything about the status of the request for reconsideration.