H1-B cap of 6 years used, Out of US, PERM approved, RFE issued for I-140

[bhaskar91]

Dear All,

Here is a typical case. I've arrived in US in 2006. My 6 year cap expired in 2012.
In the last 3 months of 6 year cap, my PERM is filed by my company. Then audit came up for my PERM application.
So I had to leave US in 2012, officially terminated in my company payrolls but working as independent contractor with the same company.
Finally in the end of 2013 the PERM got approved.
So, I-140 is filed under premium process.
An RFE came up for this application and the response is provided accordingly.

Just to restate that I'm still in India, I wanted to know my options if the I-140 is denied?

Do we have any options to file for an appeal or do we need to restart everything from PERM again?

Thanks,
Kasinatham.

[gopal.voru]

i am also almost similar situation like you. waiting for users response.

[raghvi]

Dear All,

Here is a typical case. I've arrived in US in 2006. My 6 year cap expired in 2012.
In the last 3 months of 6 year cap, my PERM is filed by my company. Then audit came up for my PERM application.
So I had to leave US in 2012, officially terminated in my company payrolls but working as independent contractor with the same company.
Finally in the end of 2013 the PERM got approved.
So, I-140 is filed under premium process.
An RFE came up for this application and the response is provided accordingly.

Just to restate that I'm still in India, I wanted to know my options if the I-140 is denied?

Do we have any options to file for an appeal or do we need to restart everything from PERM again?

Thanks,
Kasinatham.

Options for appeal are always there but it takes time , effort and money without any guarantee of a positive result.

This is my opinion not legal advice.