Perm Denied

T

Tormeadgirl

New Member
Many questions. Any help would be appreciated. Today I learned my labor approval was denied on Nov 6, but my employer decided not to tell me until today. The employer has still not received the letter stating why I was denied. My 6th year H1B expires Nov 30.

I was told by the employer's attorney that to maintain status I should change to F1. Is it too late to refile PERM?

Is it possible to file PERM again if I change to F1?

I was reading through the forums, and read that the employer should file for PERM 30 days after the last newspaper ad. The last ad was on Sep 28th, and the employer filed either on Sep 29th or Oct 15th (they still have not told me which one is correct). Could this be why my application was denied? If so, is it too late to refile?
 
perm

perm has nothing to do with your status you should look on all options maintain your status
 
Thanks, my question wasn't really answered. Can I change back to H1-B from F1? What good is maintaining status on F1 if my employer won't be able to file for me?
 
it's better you apply for reconsideration or appeal to buy you some time, and then you can apply h1-b extension.
 
I am in a similar situation. Can someone please shed some light of how the appeal process is? Is any reference link? Also I heard that, since I travel a lot outside states, I can re-capture some days spent over-sea. How is that defined in H-1B process? And how can I claim those days?
 
That's more than likely the reason it was denied. With all due respect, who the F$*#@() filed that application!? It should be common knowledge that the petition has to be filed 30 days after the last recruitment was completed -- i.e. your case wouldn't have been eligible to be filed until at LEAST 10/28 if the last ad was placed on 9/28. I'm sorry but that's just ridiculous that your employer and/or attorney and/or representative wouldn't know that. That makes me just absolutely frustrated.
You can re-file as soon as you get the denial and fix whatever problem occured. Better luck for the next time around... wow... I want to fire whoever prepared your case !!!!
And yes -- get on an F-1 visa NOW.


Tormeadgirl said:
Many questions. Any help would be appreciated. Today I learned my labor approval was denied on Nov 6, but my employer decided not to tell me until today. The employer has still not received the letter stating why I was denied. My 6th year H1B expires Nov 30.

I was told by the employer's attorney that to maintain status I should change to F1. Is it too late to refile PERM?

Is it possible to file PERM again if I change to F1?

I was reading through the forums, and read that the employer should file for PERM 30 days after the last newspaper ad. The last ad was on Sep 28th, and the employer filed either on Sep 29th or Oct 15th (they still have not told me which one is correct). Could this be why my application was denied? If so, is it too late to refile?
Click to expand...
 
There was one case that was appealed by BALCA and initially reconsidered, then, the reason that the case was denied was b/c of an ad date being incorrectly stated at 7 instead of 6... THEN BALCA realized that the information actually made it outside of the validity dates, so, the appeal was rejected.
NO APPEALS HAVE BEEN APPROVED THAT I KNOW OF !!!!!!!!! And at least one person in our office checks the AILA updates everyday.
Re-filing (if your recruitment allows for it) is DEFINITELY the better option at this point.


sally_mac said:
I am in a similar situation. Can someone please shed some light of how the appeal process is? Is any reference link? Also I heard that, since I travel a lot outside states, I can re-capture some days spent over-sea. How is that defined in H-1B process? And how can I claim those days?
Click to expand...
 
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