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Case in BALCA since last year. I was not aware.

Atlanta, GA |

My employer filed PERM Labor 03/21/2009. After few month labor got regular audit (I am not aware of the reason and date) now my case is in BALCA, the case number start with 2012*****

I have my 8th year H1 extension valid till 16-FEB-2014. If BALCA final denied the Labor, what are the possibilities for me to stay in USA?
1. Can I stay till my H1 approval or need to leave USA Immediately?
2. Will there be any issue to get my 9th year H1 approval?
3. Can I transfer my current H1 immediately to new employer and then request for new PERM labor with him?
4. Or do I need to request PERM first (with different employer) and after PERM approval transfer H1 ( assuming I would get my 9th year ext.)?

Will it be possible to I transfer my current H1 immediately to new employer? Does new employer need to have PERM approved first then he can transfer ? Any thoughts?

Attorney Answers 1


This is an immigration question. I suggest you re-post in the immigration law forum so that more attorneys who know the right area of law will see your question.

@MikaSpencer * * * * * * PLEASE READ: All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. * * * Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. * * * No attorney-client relationship is created based on this information exchange. * * * Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis.

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