Immigration Issues/Denied Labor Cert

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Question
Hi Ajay,

My employer filed a Form 9089 and was audited by Certifying Officer. Upon reviewing the employer's audit response the CO denied certification. My employer requested review and reconsideration of the denial. The CO reconsidered, but found that the denial was valid. The CO thereafter referred an Appeal File to BALCA. BALCA then affirmed the denial of labor certification. the employer is given 20 days to file for petition for review of the full board.

I have 2 questions:
1) We have filed for the extension of my working visa (8th year) and we have not received any decision yet, will this affect the decision.
2) If after the appeal again, the petition is denied, what will be my options?

thank you and will really appreciate your immediate response.

Answer
Hi,

Your PERM has been denied after the audit. Any reconsideration/review/appeal, etc. does not allow for any further extensions of H1B status beyond six years, unfortunately, as PERM is no longer "pending" for at least 365 days.

We do not have a solution. You may be able to change to another nonimmigrant visa category such as visitor or student, or perhaps as a dependent if your spouse has the appropriate visa status, or else you can depart the U.S. for one year to start the six year clock for H1B.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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