Does he need to apply at Buffalo or his place of origin?

[mavic]

My friend's employment based petition was denied and he appealed.  Currently his case is still pending.  Where should he apply? 

He's been in parolee status since he arrived due to a case where he was a material witness in an immigration fraud. Then later on he was able to get a job and a labor certification to get petitioned but subsequently denied caused by company net loss from Sept. 11 , 2001 tragedy. Appealed and still pending. He's been here for 11 years.

[thaiguy]

If your friend's employment-based petition was denied, it sounds like he was never legally admitted for at least 1 year.

In that case, he would have to apply from his home country.

[Noy]

My friend's employment based petition was denied and he appealed.  Currently his case is still pending.  Where should he apply? 

He's been in parolee status since he arrived due to a case where he was a material witness in an immigration fraud. Then later on he was able to get a job and a labor certification to get petitioned but subsequently denied caused by company net loss from Sept. 11 , 2001 tragedy. Appealed and still pending. He's been here for 11 years.

Better consult a lawyer, Campbell Cohen can help you. They will tell if you qualify or not, just tell the truth from the beginning. Goodluck