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Alternatives after PERM is denied

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  • Alternatives after PERM is denied

    My company is sponsoring my h1-b. My labor certification was submitted 6/29/2012.
    We just received the denial letter on my labor certification.
    My questions are:
    Is it true that my denied labor can be appealed and that would put it back into a pending status? If so, then my company should be able to submit my h1b extension because I keep the priotity date, right?
    By the time the appeal is submitted, it will be more than 365days since my labor was originally filed.

    Then can any labor be appealed? As mentioned, the labor was submitted June/2012. Around september 2012, it got an audit which was responded.
    It is just now that it has been denied. Is this labor still eligiable to be appealed? I am not concerned about the result of the appeal as long as I get a chance to extend my h1b visa. I am alreay on my 6th year with a couple months left.

    Please advise.

  • #2
    Re: Alternatives after PERM is denied

    If a petition is denied, either with or without an audit, the petitioner may file either a motion to reconsider OR a request for review within 30 days after the date of the CO’s decision.



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