My company received the denial notice, the main reason is:
"This petition was filed on Jan. 6, 2009; however, the labor certificate waw not certified by the Department of Labor until March 4, 2009.
since the labor condition application a not certified prior to filing the I-129 petition, the petitioner was not eligible for the benefit sought as of the date filing as requested by 8 CFR 214.2(h)(4)(i)."
我今天去问了公司的律师,他建议我重新申请H1B延期并加快.说这是最好最快的办法.我这个被据的H1B延期不是律师办的.但我有俩个问题.
(１)原来的H1B三月１９日到期,现在refile,即使批准了,是否一定要再回国reactivate? 律师说中间间隔可以申请excuse,是不是这样的?
(２)可不可以MTR? 我查了一下网,有个Nunc Pro Tunc H1B 是否适用于我的情况? 成功几率有几成? 会很慢吗?
公司催着我做决定,请大家帮帮忙?谢谢!