karthik503 Posted March 26, 2015 Report Share Posted March 26, 2015 I am in my 6th year of H1B which expiring on october 15 2015. My labor audit got denied last week. My employer is re-appealing for the denial this week and based upon re-appealing process my employer will file for another year of H1B in premium on May1st. By this time I will have have 6-8 month by reclaiming the time I am out of US. As a back up plan I am also planning to file another labor with different employer in May 1st as these days future employment based filing is little tricky. Can you Please share your thoughts on H1 extension approval based on re-appealing process.? Thank you Link to comment
ashuneel Posted March 28, 2015 Report Share Posted March 28, 2015 If you file in May no need for Premium as you should get approval by Oct. H-1 extension for recapture should not be impacted by MTR for Labor. Link to comment
karthik503 Posted March 29, 2015 Author Report Share Posted March 29, 2015 Thank you so much for the clarification. Link to comment
karthik503 Posted March 29, 2015 Author Report Share Posted March 29, 2015 Its not just recapture for time that I was out of USA. My employer is applying for one more year of H1B extension based on re-appeal for denied labor. My question is, In general what are the chances of getting H1B extension based on re-appealed labor? Link to comment
ashuneel Posted March 30, 2015 Report Share Posted March 30, 2015 not sure about the 1 yr extension. The employers attorney should know the answer. Link to comment
sushruta Posted April 24, 2015 Report Share Posted April 24, 2015 @karthik We are in the same boat. Currently awaiting PERM audit result. Sep 25 2015 is our 6th year date with a couple of months of recapture. Planning to re-appeal and apply for an year's extension. Does anyone know when the case turns back to pending after you file an appeal. Is it right away or is it only after it goes to BALCA? Link to comment
karthik503 Posted May 12, 2015 Author Report Share Posted May 12, 2015 @ Sushruta In my case My perm audit got denied. Considering 6 months left on my H1 my employer re-appealed for denied labor so I can apply for h1 extension. Recently they applied for my H1 extension in premium still waiting for the results. Coming to Balca, I donot have much knowledge but from what I heard is .it depends on how you want to approach. Lets say if you want to get quick answer you can appeal directly. If you want to play safe game and get 2 extension I think Balca goes for 2-3 years. In my case i have applied for new labor with different employer as future employment. But first I need to get my extension. Link to comment
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