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

M

mbyanfei

New Member
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 for PERM filing?
 
why was your perm denied?

hello, i just recently submitted my perm labor certification. May I know the reason or mistake that your lawyer made?

Many Thanks,
daniel
 
Did you get a reply

Hi mbyanfi,

Did you get any reply from DOL about the motion to reconsider. I am in the same exact situation. I am wondering if I should refile but I am not sure if my employer would like to pay the fee all over again and I will lose about 1 year in PD.
 
Any reply on motion to re-consider

Hi

My lawer wants to do Motion to reconsider. Has anyone heard from it
how long it takes?

Please kindly let me know
 
Your H1 , 6 years limit expires on 6/29/2008.

Inorder to get your 7th year (one year extn) your PERM must have been filed on or before 6/28/2007.

If not you are not eligible to apply for H1 one year extn.


mbyanfei said:
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 for PERM filing?
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