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
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