PERM reappeal and 7th year extension

[sushruta]

- 6th year H1B expires on Sep 25,2015.

- Recapture time is around 8 weeks

- Perm was filed on Sep 13, 2013 went to audit and is still pending.

- If the PERM gets denied, I would like to appeal and apply for 7th year extension

 

I have the following questions

 

- Can I do the appeal and extension applications simultaneously? ( I plan on doing H1B premium processing)

- When does the status of the appealed PERM turn back to pending?

- What if the CO denies the appeal and then I have to go to BALCA? Will that affect my H1B extension?

 

At this point, I am only concerned about getting an year of extension to look for other jobs because I don't have hope that my PERM will get approved.

 

Anyone who has gone through PERM appeal and H1 extension process- could you please shed some light?

 

Thanks!

[sushruta]

Can someone please answer or shed any light? Thanks!

[suresh21]

Yes, you can appeal for it and apply for extension. make sure you do it in Premium processing.

Typically, uscis, might ask you to prove the PERM is pending, you(attorney) need to get a letter from DOL and respond back with that letter.

Uscis will then adjudicate your case or request for more information

 

I am in the same boat and I can tell, it's not easy to go through...In my case, I was RFE'ed two times and I am still awaiting on decision.

Be mentally prepared.

[sushruta]

Hi

 

Thanks for your post. It looks like our PERM got approved. Still trying to figure out the I-140 process and into the next stage of worry. Good luck with your case. This immigration process is a nightmare! - considering that most of us are honest folks just trying to get by.