URGENT Labor Status showing as Denied 7th yr H1B - Need Help

Funeky Dude

Registered Users (C)
Hi,

Today when I checked my labor status came up as Denied, after talking to company's attorney I found that they got a notice back in August, for which they had to respond in 30 days.

Attorney forwarded that to my companies HR and and due to incomeptence of our HR guy ( Most irresponsible guy on the planet ) never responded to attorney and now my labor application is Denied.

I am in 7th year H1B extension which got approved in September valid until June 2007.

I am unable to track down the HR person. can some one tell me what my options are and if the case can be appealed

Thanks,
 
Funeky Dude said:
Hi,

Today when I checked my labor status came up as Denied, after talking to company's attorney I found that they got a notice back in August, for which they had to respond in 30 days.

Attorney forwarded that to my companies HR and and due to incomeptence of our HR guy ( Most irresponsible guy on the planet ) never responded to attorney and now my labor application is Denied.

I am in 7th year H1B extension which got approved in September valid until June 2007.

I am unable to track down the HR person. can some one tell me what my options are and if the case can be appealed

Thanks,


Apply for PERM labor and get it approved and apply for I-140 and get it approved (i think now you can do premium processing). Then you can have 3 year extension based on I-140 approval.
 
Get your own attorney to handle all this and be in constant contact with him/her. Always remain in the loop of what the latest developments are - get involved in overseeing your case. I have learned not to just rely on others to take care of your interests. Nobody cares as much as you do about your life and your future, especially not attorneys or employers. Sad but true. Good luck!
 
I'm so sorry this happened. But if you can't reopen the case, then hopefully the recruitment steps will be within the time limit still and you can just resubmit the same file taking care to respond to whatever they asked for that your HR guy ignored.

Otherwise you may have to redo the recruitment and start again. This is a question for your lawyer.

But you still have plenty of time if you get on it immediately and then file for I-140 through premium processing. Then you can extend your H1B for 3 more years with the I-140 approval like the poster above mentioned.

Best of luck.
 
Thanks for all your suggestions

My previous PD was Oct 2003, If I file Perm I am not sure how many more years before the PD becomes current.

HR said since its their fault they'll arrange for a pre approved labor from Nov or Dec 2003 that they'll use to file my I 140. I have learnt a lesson and now I am calling everyday to find out what's going on with my case.

I'll press hard with my company to file my I 140 through premium processing.
 
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I am in same boat

I just checked my status it says Denied...i am in my 8th year and my H1 expires in March... :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad:

Dont know why it got denied yet...
 
I have my 7th year exrtension up to jun 2007. If my Labor gets denied in between, Will I still be able to work till jun-2007?

thanks
 
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