H1 Extrension


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Even when the PERM is rejected??

It is with BALCA.




Retention of PD and H1B Extensions - Overriding Factors

One of the driving forces behind the filing of BALCA appeals is the attempt to preserve the priority date. A BALCA reversal could save years of waiting time for a visa to be available. The waiting times for visa number availability can be many years. Thus, if there is no legal challenge to a denied PERM, the priority date (which may be several years old) will be lost. A new application will receive a new priority date. If the CO made a mistake, and the decision is challenged and approved, the earlier priority date will be preserved.

In some instances, it is worthwhile - even necessary - to challenge a PERM denial. A PERM application that is pending reconsideration or appeal is considered pending for purposes of obtaining extensions of H1B status beyond the six-year limit. A pending BALCA appeal allows the request for extension of H1B status. Of course, there must be a proper legal basis for challenging the denial in order to file an appeal or reconsideration request.

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