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Perm denied

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  • Perm denied

    My Labor (Perm) was applied in Jan 2008 and since then it was in Audit status until yesterday. Today i got an email from my company saying DOL
    denied my Perm and they have repoened/appeal my perm and currently it is pending with DOL.
    Currently i am in 6th year of H1 ( already completed 5 yrs 5 months on H1) and my current I797 is valid until 03/20/2011
    and i need to file my H1B extension.

    1) Please let me know when can i apply my H1B extension. Can i apply it today or should i wait until 9/20/2010 which is
    exact 6 months before I797 Expiry. Can i apply it in Premium Processing? Will i get 1 year extension?
    Is there any chance my appeal gets rejected before my H1 extension apporves?

    2) With the above scenario Will there be any risk in my H1 B extension? Do i need any additional documents for applying H1 B extension?

    3) My company is suggesting that they will keep my perm in appeal status until my H1B extension is approved and after that they suggested
    to withdraw the current perm and apply for new labor. Is it correct way to do or should i be with my current appeal labor instead of appying a new labor?

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