D. Determination of status of extension request; informal grant
of extension
Employer's reliance on an outstanding request for extension request does not qualify as a
sufficient reason for failure to file a timely rebuttal and does not rise to manifest injustice
standard under Madeleine Bloom. David Gibbs Unger,
94-INA-34 (Sep. 29, 1994).
Denial of certification based on failure to timely rebut affirmed where employer had
requested a 90 day extension, the CO only granted a 35 day extension, but Employer claimed
that he never the CO's letter granting a shorter extension. The burden is on Employer to
determine the status of outstanding requests for extension of time. Augusto del
Rio, 94-INA- 177 (May 4, 1995). See also
Clinica Dental, 94-INA-481 (May 8, 1995).