smarana Posted September 25, 2013 Report Posted September 25, 2013 Hello Got an email from My employer yesterday that My Perm Labor got denied (applied Aug 2012, received random audit in dec 2012 and replied, denied in Sep 2013), what are the next steps? and options for me to consider? please redirect me if this information is already provided in other thread Thanks In advance.
rohang Posted September 25, 2013 Report Posted September 25, 2013 Its ur employers decision what/whatnot to do, as PREM doesn't involve you. For you it all depends on how much time is remaining in your H1b (6 yr limit), if you have sufficient time (1+ yr atleast) ask employer to file another PERM, but you need to see why previous PREM was denied. Or you can switch employer and ask for GC processing too.
rahul412 Posted September 25, 2013 Report Posted September 25, 2013 Hello Got an email from My employer yesterday that My Perm Labor got denied (applied Aug 2012, received random audit in dec 2012 and replied, denied in Sep 2013), what are the next steps? and options for me to consider? please redirect me if this information is already provided in other thread Thanks In advance. File another perm or find another employer. How many yrs of your H1 is still left?
Attorney_15 Posted October 16, 2013 Report Posted October 16, 2013 The law provides that an employer can generally file a request for reconsideration and request for review to appeal the denial of an LC application. Based on that pending appeal, the beneficiary is eligible for extensions of H1B status. In such situations it is often recommended starting a new LC given the small success rate at BALCA. Consultation with an experienced immigration lawyer to evaluate the merits of one's case may be useful.
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