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completing 6yrs and LC denied.
I am in the following situation.
1. I am going to complete my 6yrs of stay ( L1 period + H1 period) in USA by Dec 2008 (after adding my vacation time in India).
2. I got H1 valid till June 2010 and got stamped on passport that valid till June 2010.
( USCIS approved H1 for me till 2010 eventhou I complete 6yrs by end of 2008)
3. My LC was electronically filed in September 2007 in EB2 category in Chicago DOL. Got Audit in October 2007 on Business Necessity ground and was replied within due date.
4. After several months of waiting (Audit response was accepted), it was denied on the following reason. "The internal job posting was not as per the DOL regulations".
5. My Lawyer said, the notice that was submitted was in the proper format-the exact format specified by the regulations that applied for reconsideration
He also mentioned that, he filed LC for other candidates with same job posting and got approval on their cases.
6. Now, Atlanta is processing all permanent Labors. As there is a huge back log at Atlanta processing center, My lawyer suggested to apply a new application rather waiting on this reply.
7. we need wait another 2 months ( for job ads and wait for response ) before even we can apply for new LC. even we apply some time in September 2008. I should get an approval immediately (as I am going to complete 6 yrs) otherwise I will be in trouble.
Given the scenario, what are my options as I am on time crunch.....?
Any suggestions greatly appreciated.
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