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H1B amendment and Labor denial - 7th Year.

Discussion in 'Nonimmigrant Visa Applications Generally' started by krishgenius, Aug 17, 2012.

  1. krishgenius

    krishgenius Junior Member

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    Dear attorney,

    I got my 7th year extension until June 2013 based on my pending labor denial appeal. The appeal is now with BALCA (since June 2012).

    Now, I am required to move to a new location (new state) with new roles and responsibilities with the same company (but a different client). My company is planning to do an H1 amendment for this change.

    Questions:

    1. Is there a chance of H1 amendment getting rejected if BALCA rejects my labor appeal?
    2. What is the BALCA processing timeline for a labor appeal.

    Requesting your clarifications.

    Thank you very much.
     
  2. Avadhesh

    Avadhesh New Member

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    What happened eventually in your case? I am in the same boat.
     
  3. donisback

    donisback Guru

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    Your h1b extension beyond 6th year is dependent on Labor approval or i-140 approval .Yes with labor denial, you h1b applicant becomes null and void and not possible.

    no one can tell you the processing time
     
  4. Avadhesh

    Avadhesh New Member

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    I am currently working on H1B and I have two labor applications going on (both filed by same employer for different positions), one filed on Jul-2015 (which is pending Balca) and other filed on Dec-2016. My 6 years on H1 are completing on May 2017 and I got extension till May 2018 based on first labor which was filed on Jul-22-2015. For the same employer, I need to work for a different client in another state so I think, I need to file H1 amendment. Now if before filing H1 amendment, Balca gets denied, am I still eligible for H1 amendment filing as it is going to be my 7th year on H1? What will happen, if my Balca get denied after amendment is filed, will H1 amendment gets rejected because of that?
     

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