2 Perms Denied - End of 7th year extension soon

[ashishn]

Sorry if this has been answered already:

My 7th year H1B extension was filed last year on the basis of my second PERM filing and it expires end of this year 2013. This second PERM got denied recently as well.

My employer is telling me that another H1B extension is not possible until the third PERM + I140 is approved. I want to check with you guys if this is true? If the 7th year extension was allowed on a pending PERM, is it true that another year extension is not possible until the third PERM + I140 is approved?

Also, is there a DOL/USCIS document which calls this out?

Thanks guys!

[JoeF]

Why were the PERMs denied?

Maybe your employer should fix the problem, or you should find a better employer...

[catx]

With the PERM labor certification applications filed for you denied, there is nothing pending on which to base (another) H-1B visa extension. Until there is another PERM labor certification application pending for a year or you have an approved I-140 petition (based on an approved and certified PERM labor certification application) you will not be eligible for a H-1B visa extension.

If two PERM labor certification applications have been denied, and there are no changes (e.g. employer), then why do think a third time will be any different? As Albert Einstein said "doing the same thing over and over again and expecting different results" is the definition of insanity.