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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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  #1 (permalink)  
Old 01-31-2014, 10:48 AM
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Default Labour got rejected in 7th year of H1B

Hello,
I am in my 7th year of H1 B exension as of Jan 2014
I had applied for my labour in March 2012
I got a query in my labour on Aug 2013 to advertise again for the job i was applying for
My six years for H1 ended in Nov 2013
I field for a 1 year H1 extension in Nov 2013 as my labour was not approved and it had been past 365 days from the date of submission

Now as of Jan 28 2014, my labour has been rejected. ( Reason being other applications from the paper add was not given a fair chance)

And my 7th year H1 B is still in initial review status.
Can you please help me know my options??
1: Does my H1 B extension impact with my labour rejection
2: How long does an appeal take in case I go for it
3: Can I still work while the appeal is in process
4: What do i do for future H1 B extensions

Please help
Thanks in advance
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Old 01-31-2014, 11:52 AM
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soorya is infamous around these parts soorya is infamous around these parts soorya is infamous around these parts
Default Appeal

It's very unfortunate! Your only course of action right now is to appeal with BALCA which will buy more time and get your annual extension of H1B going. BALCA appeals will take years to get a decision. In the mean time, file a new labor with a different job title/description and move on with that. Once that's approved, you can even withdraw BALCA appeal.

Good luck!! Talk to your Attorney or some competent attorneys.
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Old 02-03-2014, 02:57 PM
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Default

Quote:
Originally Posted by soorya View Post
It's very unfortunate! Your only course of action right now is to appeal with BALCA which will buy more time and get your annual extension of H1B going. BALCA appeals will take years to get a decision. In the mean time, file a new labor with a different job title/description and move on with that. Once that's approved, you can even withdraw BALCA appeal.

Good luck!! Talk to your Attorney or some competent attorneys.
Thanks soorya,
With what I get from your post is
1: If i appeal.. my current 7th year H1 B which is still in initial review state will be safe.
2: Can the new labour be with the same company? or has to be with a different one?
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Old 02-03-2014, 04:46 PM
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soorya is infamous around these parts soorya is infamous around these parts soorya is infamous around these parts
Default Appeal

Quote:
Originally Posted by msneedshelp View Post
1: If i appeal.. my current 7th year H1 B which is still in initial review state will be safe.
Yes ! You doesn't seem to have any other choice!
Quote:
2: Can the new labour be with the same company? or has to be with a different one?
Yes, it can be with the same company.
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Old 02-04-2014, 06:12 PM
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Default

Thanks !!

I have one more question.

I am getting a new job offer, i know i need to file this appeal from my current employee, as this is my last resort.

When will be the best time to switch my job ?

Thanks again !!
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Old 02-04-2014, 07:43 PM
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soorya is infamous around these parts soorya is infamous around these parts soorya is infamous around these parts
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Quote:
Originally Posted by msneedshelp View Post
Thanks !!

When will be the best time to switch my job ?
You can answer this question yourselves. Just ask these questions yourselves :-
Is my H1B approved yet?
On what basis did I apply for an additional year of extension? Is it on the basis of a pending labor? And, what's the status of that labor?
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