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KumarNB
07-26-2010, 09:34 PM
To my shock i received the information from employer that my perm got denied due to educational qualification not matched with the job req.My PERM was applied in EB2.

My H1B which is valid up to Jan 25th 2011 (6th year of H1B) and i went out of country for 7 weeks in overall 6 years...

My questions is what are possible options available to get extension after 6th year apart from 7 weeks of vacations.

Please provide the valuable suggestions..

rohit1204
07-26-2010, 10:58 PM
You can file in EB3. Approvals are taking 2 months these days. Mine took 2 months. Once your PERM is approved you can file I-140 in premium which should take 2 weeks. Once you have both of these approved then you can file for H1 extentions.

ivar
07-27-2010, 12:18 AM
Looks like your lawyer screwed up the case. Didn't you look at the job requirements before filing PERM. If you think DOL has denied your PERM in error you can file for appeal and that will reopen your case, last year appeals were taking lot of time.. so this will buy you sometime and will only work if your case was denied in DOL error but if something was screwed up by your lawyer than it is better to file a new PERM ASAP as suggested in above post. It takes time to post ads in newspapers, posting at DOL etc, so make a decision and start ASAP.

To my shock i received the information from employer that my perm got denied due to educational qualification not matched with the job req.My PERM was applied in EB2.

My H1B which is valid up to Jan 25th 2011 (6th year of H1B) and i went out of country for 7 weeks in overall 6 years...

My questions is what are possible options available to get extension after 6th year apart from 7 weeks of vacations.

Please provide the valuable suggestions..

ivar
07-27-2010, 12:28 AM
Note: I have gone through this cycle of PERM audit, denied, appeal and withdrawal.. i had time in hand so i filed for new PERM, it was a horrible experience.

Looks like your lawyer screwed up the case. Didn't you look at the job requirements before filing PERM. If you think DOL has denied your PERM in error you can file for appeal and that will reopen your case, last year appeals were taking lot of time.. so this will buy you sometime and will only work if your case was denied in DOL error but if something was screwed up by your lawyer than it is better to file a new PERM ASAP as suggested in above post. It takes time to post ads in newspapers, posting at DOL etc, so make a decision and start ASAP.

KumarNB
07-27-2010, 11:54 AM
Thanks for your response ivar,rohit1204 !

As suggested i would ask my employer to start the new PERM process immediately as well as file the request for the reconsideration to DOL/Balca for denied perm (I believe which makes the PERM status to pending and borrow some time) and at same time to file for H1B extension for 7th year based on submission request of reconsider to DOL/BALCA.

I am 100 % sure my case has screwed up because negligence or ??.

It is a really a very horrible experience.

Do you know if the denied perm file date can be considered..in case if my employer filed the new perm in Oct 2010..

thomachan72
07-27-2010, 12:06 PM
Thanks for your response ivar,rohit1204 !

As suggested i would ask my employer to start the new PERM process immediately as well as file the request for the reconsideration to DOL/Balca for denied perm (I believe which makes the PERM status to pending and borrow some time) and at same time to file for H1B extension for 7th year based on submission request of reconsider to DOL/BALCA.

I am 100 % sure my case has screwed up because negligence or ??.

It is a really a very horrible experience.

Do you know if the denied perm file date can be considered..in case if my employer filed the new perm in Oct 2010..

Was your perm under "audit"? How long ago did you submit the perm application?
It would be nice to know whether you could extend your H1b while the denial is under review.
Hope things work out. Let us know what went wrong.

smuggymba
07-27-2010, 12:10 PM
You can file in EB3. Approvals are taking 2 months these days. Mine took 2 months. Once your PERM is approved you can file I-140 in premium which should take 2 weeks. Once you have both of these approved then you can file for H1 extentions.

I filed my perm in march, 2010; have not heard anything yet. Mine employer is in TX, filed online.

ivar
07-27-2010, 02:32 PM
Did you get your denial papers, there is a date mentioned in the denial papers, you will have to respond within that date to appeal your case with supporting documents if the case is denied in ERROR (they give reasons in denial letter). If you don't respond the case is denied forever.

Also remember one thing you can't have two PERM applications open for the same company, same position and ofcourse same person. I had to withdraw my appeal to file a new PERM. some people here seem to be lucky to get perm in 2 months but for me it always took around 10 to 11 months. I lost 10 months in appeal and 2 months for withdrawal. so better decide what you would like to do.

Other option, which i am not sure is legal (or valid) would be to appeal the case and when the case status changes to pending file for H1b extension. In the mean time look if some consulting company can file PERM for you externally, if you get that PERM approved you can transfer your H1b... I mean it is easier for us to advice.. and i totally understand what you must be going through.. I was just thinking what options are open.


Thanks for your response ivar,rohit1204 !

As suggested i would ask my employer to start the new PERM process immediately as well as file the request for the reconsideration to DOL/Balca for denied perm (I believe which makes the PERM status to pending and borrow some time) and at same time to file for H1B extension for 7th year based on submission request of reconsider to DOL/BALCA.

I am 100 % sure my case has screwed up because negligence or ??.

It is a really a very horrible experience.

Do you know if the denied perm file date can be considered..in case if my employer filed the new perm in Oct 2010..

rohit1204
07-27-2010, 02:53 PM
I know a few ppl for whom PERM was filed in March/April/May and they have received the approvals. Not sure why other cases will take longer time though.

thomachan72
07-27-2010, 03:38 PM
Did you get your denial papers, there is a date mentioned in the denial papers, you will have to respond within that date to appeal your case with supporting documents if the case is denied in ERROR (they give reasons in denial letter). If you don't respond the case is denied forever.

Also remember one thing you can't have two PERM applications open for the same company, same position and ofcourse same person. I had to withdraw my appeal to file a new PERM. some people here seem to be lucky to get perm in 2 months but for me it always took around 10 to 11 months. I lost 10 months in appeal and 2 months for withdrawal. so better decide what you would like to do.

Other option, which i am not sure is legal (or valid) would be to appeal the case and when the case status changes to pending file for H1b extension. In the mean time look if some consulting company can file PERM for you externally, if you get that PERM approved you can transfer your H1b... I mean it is easier for us to advice.. and i totally understand what you must be going through.. I was just thinking what options are open.

It would be very helpful if the option "to appeal the case, if rules were followed correctly, and extend the H1b while the appeal is pending".
Could you post what was the reason stated for the denial? Was your perm under audit?

smuggymba
07-27-2010, 03:44 PM
I know a few ppl for whom PERM was filed in March/April/May and they have received the approvals. Not sure why other cases will take longer time though.

My employer is in TX and my PERM was filed online....where does the PERM go - Atlanta or Chicago or somewhere else?

anu_t
07-27-2010, 05:03 PM
OP, Do you have 3 year degree or 4 year degree ? If you have 3 year degree then that might be the reason for denial as the case is for EB2. Just a guess.
Whatever it is , apply in the eb3 asap.

neeidd
07-27-2010, 05:23 PM
To my shock i received the information from employer that my perm got denied due to educational qualification not matched with the job req.My PERM was applied in EB2.

My H1B which is valid up to Jan 25th 2011 (6th year of H1B) and i went out of country for 7 weeks in overall 6 years...

My questions is what are possible options available to get extension after 6th year apart from 7 weeks of vacations.

Please provide the valuable suggestions..
my suggestion would be, if you qualify for EB2, do not apply under EB3, you will stuck forever to apply for 485. But based on your scenario, if there is no other option except EB3, then go a head with EB3 for now as USCIS don't extend 7 year until you have approved 140

alias
07-27-2010, 08:55 PM
To my shock i received the information from employer that my perm got denied due to educational qualification not matched with the job req.My PERM was applied in EB2.

My H1B which is valid up to Jan 25th 2011 (6th year of H1B) and i went out of country for 7 weeks in overall 6 years...

My questions is what are possible options available to get extension after 6th year apart from 7 weeks of vacations.

Please provide the valuable suggestions..

KumarNB: Would you mind sharing what educational qualification was required in the job description and what you have, trying to understand the basis of determination for the mismatch?

dreamgc_real
07-28-2010, 09:26 AM
my suggestion would be, if you qualify for EB2, do not apply under EB3, you will stuck forever to apply for 485. But based on your scenario, if there is no other option except EB3, then go a head with EB3 for now as USCIS don't extend 7 year until you have approved 140

Does the current job require a masters degree?

ivar
07-28-2010, 10:40 AM
I don't have the exact document right now but what it said was the job location specified in the ads is not the same as mentioned in my labor. This was not true and we filed an appeal, but after waiting for more than 10 months there was no answer and i was getting impatient, i told my lawyer to withdraw the PERM and file a new one... I am over it now. I got my new PERM and I-140 after that... all is well for now.

It would be very helpful if the option "to appeal the case, if rules were followed correctly, and extend the H1b while the appeal is pending".
Could you post what was the reason stated for the denial? Was your perm under audit?