panandh Posted October 18, 2013 Report Posted October 18, 2013 I am on H1B visa; My company applied PERM in EB2; the case was selected for audit by DOL. After an year, I received a reponse as denied for SVP - excessive requirements; In the mean while, my company applied for one year extension based on 365 days labour pending rule and I am now in the 7th year of H1B and it is valid till Aug 2014. My company also applied request for reconsideration but the CO upheld the denial and forwarded the appeal to BALCA for review. Considering this situation, my company is now working with the attorney to file a new PERM after withdrawing the BALCA appeal Nowadays the PERM processing is taking atleast 7 months and I am afraid that I could not get my I140 before my H1B expiry. With this limited timeline, can you suggest me any alternate option to keep up my legal working status?
rohang Posted October 18, 2013 Report Posted October 18, 2013 Ask company not to remove balca, then u can keep getting 1yr extensions. And in parallel apply PERM for new/change position. As same position will lead to same result (audit/denial)
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