Need advice + perm appealed + BALCA

[nikeng]

Dear experts,

Can you please advise?

I have a labor (Priority date – 26-Oct -2010) which is in the appealed status (MTR sent), as per ICert Site, Currently DOL is processing Appealed cases with priority date of Apr 2010, so I am expecting that within a month or two I will get result of my appeal.

In case of a denial Can I appeal my case with BALCA. If yes what is the condition to apply for BALCA?

2 ) can I apply for another 1 yearH1-B extension based on appeal pending with BALCA.

3) Please advise what happens if my priority dates becomes current and my labor is still in pending status. Am I become eligible to apply form 1-140 and I-485?

Regards

Nikhil Jain

[nikeng]

Dear Experts can you please advise? any help would be greatly appreciated

[Dejected09]

You should be able to get 1 year extension to you H1 based on pending appeal.

However till the time you do not have approved Labor and approved I-140 you will not be able to file for I-485 even if dates become current.

[nikeng]

I already got my 7th year extension based on the pending appeal, this appeal is still in Pending status but I am hoping to get a outcome in next couple of months as DOL is moving very fast on appealed cases

my question is if this appeal gets denied ,

1 ) can I file a new APPEAL to BALCA to review the case again,

2 ) so once the case is opened with BALCA, can i apply for my 8th year extension

3) What cases are eligible to apply for BALCA