7th year H1 denied

M

mvnm00

Registered Users (C)
Here is my case details...
My 6year H1B expired on 07/24/2004.
I have applied for Labor on 07/12/2003 and the state was approved and moved to Regional DOL on 08/12/2003. On 05/04/2004, my company has applied for 7th year H1B and INS has denied my petetion and the reason was "show proof that the labor was pending for 365 days or more" and they have give a 30 day period to apply for a motion with supporting documents. I received this denial notice on 07/26/2004 which is after my H1B expired date 07/24/2004. Then my attorney has requested the DOL for the labor receipt. Both the state and regional DOL has sent the documents and my attorney has opened the motion with these documents to INS. Again INS denied my appeal and this time they desribed the reason as "the original H1 Petetion was apply too early (05/04/2004) and during that time the Labor application is not pending with DOL from more than 365 days" as my Labor receipt date is 07/12/2003. If my H1 petetion was applied after Jul'7'2004, i would not have any problems. My attorney calls me and says that my motion is denied and i have to leave the country. Iam really worried because this is the mistake of the attorney and iam facing the consequences bcoz of his early H1 Petetion. The AC21 clearly says that during the 7th year H1 Petetion date, the Labor application must be pending 365 days or more. The attorney has screwed up my case. Now iam out of status for almost 3 months.
Now i ask all the Immigration Guru's
1. What is my status?
2. Do i have any solution of repplying the H1 with a premium processing and what are the chances of approval?
3. If i find a Pre approved labor from some company X, can i use that to file 140 so that i will be in status and also can i get H1 with this pre approved Labor.

Please suggest me ...This attorney is giving me nightmares because of their mistake of early applying.

TIA :confused: :mad:
 
No doubt, your attoney screwed up your case.

You can try with another H1 premium process, using the receipt copies of the denied H1 & expired I-94. Some times, CIS may approve without looking at your previous denied H1 case. However, try to transfer the case to a different company.

Best of luck
 
i know that

My attorney has experimented on me as he might have never seen a case like this. Now if i want to apply through a different company how can i do that, as iam already out of status for 3 mos. I talked to a different attorney and he suggested that this case to be premium filed under 'nunc pro tunc'. Hopefully i wilg get approved H1B.

For somebody else mistake will i be at loss? And in the argument if i mention this, will the INS consider this as Attorney's mistake and with a soft corner approve my case?
 
mvnm00 said:
Here is my case details...
My 6year H1B expired on 07/24/2004.
I have applied for Labor on 07/12/2003 and the state was approved and moved to Regional DOL on 08/12/2003. On 05/04/2004, my company has applied for 7th year H1B and INS has denied my petetion and the reason was "show proof that the labor was pending for 365 days or more" and they have give a 30 day period to apply for a motion with supporting documents. I received this denial notice on 07/26/2004 which is after my H1B expired date 07/24/2004. Then my attorney has requested the DOL for the labor receipt. Both the state and regional DOL has sent the documents and my attorney has opened the motion with these documents to INS. Again INS denied my appeal and this time they desribed the reason as "the original H1 Petetion was apply too early (05/04/2004) and during that time the Labor application is not pending with DOL from more than 365 days" as my Labor receipt date is 07/12/2003. If my H1 petetion was applied after Jul'7'2004, i would not have any problems. My attorney calls me and says that my motion is denied and i have to leave the country. Iam really worried because this is the mistake of the attorney and iam facing the consequences bcoz of his early H1 Petetion. The AC21 clearly says that during the 7th year H1 Petetion date, the Labor application must be pending 365 days or more. The attorney has screwed up my case. Now iam out of status for almost 3 months.
Now i ask all the Immigration Guru's
1. What is my status?
2. Do i have any solution of repplying the H1 with a premium processing and what are the chances of approval?
3. If i find a Pre approved labor from some company X, can i use that to file 140 so that i will be in status and also can i get H1 with this pre approved Labor.

Please suggest me ...This attorney is giving me nightmares because of their mistake of early applying.

TIA :confused: :mad:
Click to expand...


Thanks for all your suggestions and moral support...
Atlast all my prayers got paid off. My 7th year H1 was approved. I have filed under "Nunc pro tunc" with premium processing. It got approved in a week time. Also i got my H1 from the day my 6th year was expired for one full year. Iam so relieved now. I had a wonderful Thanks giving weekend and it was true thanks giving to me from INS.
Thanks :)
 
Congratulations ! Glad to hear that you finally got approved. Did you file " Nunc pro tunc" with the same Attorney or different ? If you have any specific information or steps to follow please update this thread which would be helpful for all.



This is what I found on google about "Nunc pro Tunc",,


nunc pro tunc
(nuhnk proh tuhnk) adj. Latin for "now for then," this refers to changing back to an earlier date of an order, judgment or filing of a document. Such a retroactive re-dating requires a court order which can be obtained by a showing that the earlier date would have been legal, and there was error, accidental omission or neglect which has caused a problem or inconvenience which can be cured. Often the judge will grant the nunc pro tunc order ex parte (with only the applicant appearing and without notice).
 
Congratulations ! MVNM00...I am in the same situation as you were. My 7th Year Extension was denied for the same reason, I would greatly appreciate if you could provide further details.
1. Did you change the Attorney?
2. Did you file the appeal to Administrative Appeals Unit (AAU)?
3. How much time did they take once they received your application?
4. Could you provide details on "NUNC PRO TUNC" ?
5. Are there any things that you had to do apart from your attorney?
6. If premium proccessing is not applied to the case, how long would it take?

I greatly appreciate your responses. Thank you.

Regards,

DPTL
 
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