7th year extension with BALCA option if PERM is denied?

USA
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1

Hi @Anil.Gupta,

My perm was filed on 10/24/2019. Can I expect a decision in the next 30 days? My H1B is valid till 10/25/2020 and I have had couple of vacations and if that duration is recaptured, the max out can be moved to 12/05/2020 .

In a perm audit/denial scenario, do you think that I am in a good position to get the 7th year extension by taking the last BALCA option ? I may be asking about the worst scenario here.

My Background : Batcherlors Degree in Computer science and I have more than 10 yrs of exp before joining this company. Perm is applied by a Full time company who is not H1b dependent with a level-4 salary.

2

Hi @deepu_kanna

You should be able to get your PERM approval in next 40 days.

The option to choose BALCA depends on the PERM denial reason. I am not sure why you are thinking about extreme situation.

You may not be able to file 7th year extension if PERM is denied.

3

Thanks @Anil.Gupta. I am sure that it’s an extreme scenario. But just want to confirm what I have heard.

  1. Is it true that we can get the 7th year extension if BALCA appeal is pending ?
  2. When does someone go for BALCA appeal ? Is it after audit review or after the motion to reconsider step ?
  3. How long does BALCA appeals generally take ?
4

Hi @deepu_kanna

I don’t have data about BALCA appeals and their processing time. Please consult an attorney for this option.

5

sure @Anil.Gupta , but is it true that we have an option to request for reconsideration if the perm is denied after an Audit ? And even then if Perm is not approved then the last option is BALCA appeal ? Of course the case should be strong for the BALCA.

6

Yes, that’s correct that you can appeal. But, BALCA will probably not result in any positive outcome.
It depends on the denial reason too.

7

Thank you @Anil.Gupta . Question on I-140

During the processing of I140, does USCIS consider the same rules that apply to H1B like the beneficiary’s education background, wage level, Employer-Employee relationship etc for approval?

8

The rules for i140 are based on Employer’s ability to pay and the genuineness of the underlying job that has been claimed on PERM.

Usually, that job is same as your current H1B job. So, yes, same rules will apply.

9

@Anil.Gupta thank you.