H1B Extention with PERM appeal pending

[MANT_110]

Hi There,

My current H1b is valid till Dec 2012, PERM was applied in Nov 2010 was audited and then denied in August 2011. My attorney has appeal for this denial of PERM.

What options do i have ?

Should i wait for appeal decisons or my employer can file a backup/new Perm in 6th year in parallel to the current appeal pending ?

I am changing my group in same company and my job duties will change. Do i need to get a new H1B ?

Also can my 7th year extension filed along with new H1b, i.e 12 months before H1B 6th year completion, based on the current pending appeal ?

Any suggesstion and guidence will be really helpful to take further decisions from my end.

Thanks

[Attorney_22]

Generally, if there is a material change to the position an H1B amendment or extension/amendment should be filed. An extension/amendment H1B can be filed in the seventh year based on a pending labor certification on appeal. Additionally, if your position is changing, you may have a better opportunity to file a back-up PERM case. It is best to speak with an experienced U.S. immigration attorney prior to making any decisions regarding this. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.