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Immigration Issues/H1B extension with denied labor

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Question
Hi!

My employer applied for my Labor Cert in 2008 but it was denied this year (2012), lawyer made a mistake on documents submitted. The company started filing for a new labor cert last month. But my visa is expiring this Oct 15. I'm currently on my 8th yr of H1B. Since I was only getting an extension because of the AC21 106(a), what will be my options? Can my employer still file for my extension of working visa? what would be the chances, if he does file, I would get an approval for my extension?

Answer
Hi,

If your company appealed the denial of the PERM application by the Dept. of Labor (or appealed the denial of I-140 if it was at the I-140 stage), your H1B status could have been extended. However, if it is too late to appeal (generally there is a 30-day window to appeal), you should be prepared to depart the U.S. no later than Oct. 15 as the USCIS will not grant further extension of H1B status without your departure for one year from the U.S.

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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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