Labor Denied - What are my options

[harinim]

Hi All,

I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.

My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are

1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What’s a safe category to apply at this point in time. EB2 or EB3?


Thanks

[deecha]

Basically, I think your labor can be re-appealed but it is a waste of time. It's better to work with your lawyer and get the job duties tick and tied with the paper filing. Nowadays there are lots of audit in the PERM system.

[dealsnet]

What is your qualification?
Masters or Bachelor with 5 years of experience?
It may be safer to apply EB3 than EB2, if you don't have a strong case.

Originally Posted by harinim

Hi All,

I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.

My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are

1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What’s a safe category to apply at this point in time. EB2 or EB3?


Thanks

[thomachan72]

what is the reason for the denial? Only after knowing that you can determine whether you could apeal or not. Let us know what the denial reason is.