Last day to file PERM


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Hi Guys,

Was wondering if any you could help me with my situation.

My H1B visa started on 10/01/2006. My PERM application was filed on 08/27/2008 and consequently my H1B got extended to September 2013. Unfortuntately my PERM was denied in December 2010. We filed for an appeal but the appeal too got denied in May 2011. The appeal has now been forwarded to BALCA for review. Now my question is by what date should I file for my second PERM (with more than 51% change in job responsibility). Should it filed by the 5th year of my original H1B, i.e. October 2011 or can it be filed 365 days before the end of my extended H1B, i.e. September 2012?

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The ability to extend H1B status past the normal six year limitation pursuant to the provisions of AC21 based solely on a PERM application (not approved I-140) states: 365 days must have lapsed since the filing of a labor certification, that labor certification is not denied and is unexpired and unrevoked.

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