!!!Guru Help!!!: H1B Extension Denied; 485 Pending; No EAD

T

thinkthird

Registered Users (C)
Today I checked my H1B online status and found forlowing new information:

*******************************************************
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status: We mailed you a decision.

On August 21, 2007, we mailed you a decision on your I129, PETITION FOR A NONIMMIGRANT WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service.
******************************************************

I thought it was an approval notice at first, but to confirm it I called USCIS. Terrible news: my H1B extension was denied!

My first 3-year H1b expired on April 30th, 2007. I mailed extension application very late and receipt date was May 3, 2007, i.e., a 3-day gap.

I submitted my 485 on June 1st 2007 without applying EAD card. My 485 is EB2 and my priority date is 2005. I supposed that my H1b extension should be very smooth, since I have stayed in the same company and kept the same job as before. I got my AP two weeks ago.

But my H1b extension has been rejected!

The detailed reason is not clear because the mail is still on the way.

I am very anxious!

Here is my question:
1. Should I start my EAD application ASAP? Is it helpful to get the EAD.
2. Will my 485 be rejected due to failure in H1b extension?
3. Can I still work before I get EAD?

Anybody has any relevant experience?

Thank you all and good luck in your H1b and green card.

I will keep updated.
 
I currently don't have a lawyer. I was angry with my previous H1b lawyer since he did not remind me anything of my H1b extension. So I DIY on both H1b extension and 485.
 
As far as status is concerned, I don't think you are in trouble since you have already filed your I-485.

Since your H1 has been denied, you should stop working immediately on H1. Apply for EAD and after you receive the approved EAD, you can start working again. Remember GC is for a future job and there is no such requirement as maintaining 'continuous employment' prior to 485 approval. Also your H1 denial would have no bearing on your GC. Since you have mentioned that you have AP, you could probably take a short vacation (till you get your EAD approved) and then enter US back on AP in 'Parolee Status'.
 
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Thank you buddy!
Your post is the best post I saw this year on the Internet. :D
Hope that all of your explanation are correct.

catch_22_4_GC said:
As far as status is concerned, I don't think you are in trouble since you have already filed your I-485.

Since your H1 has been denied, you should stop working immediately on H1. Apply for EAD and after you receive the approved EAD, you can start working again. Remember GC is for a future job and there is no such requirement as maintaining 'continuous employment' prior to 485 approval. Also your H1 denial would have no bearing on your GC. Since you have mentioned that you have AP, you could probably take a short vacation (till you get your EAD approved) and then enter US back on AP in 'Parolee Status'.
Click to expand...
 
catch_22_4_GC said:
As far as status is concerned, I don't think you are in trouble since you have already filed your I-485.

Since your H1 has been denied, you should stop working immediately on H1. Apply for EAD and after you receive the approved EAD, you can start working again. Remember GC is for a future job and there is no such requirement as maintaining 'continuous employment' prior to 485 approval. Also your H1 denial would have no bearing on your GC. Since you have mentioned that you have AP, you could probably take a short vacation (till you get your EAD approved) and then enter US back on AP in 'Parolee Status'.
Click to expand...

Could you please point me to any source which confirms this? I am trying to read the law itself; I just want to be sure about this.
 
H1-B Extension denied and I-485 is pending

Hi,

I Guess there are two options,
1. Refilling for H1-B extension
2. You Can appeal to USCIS, but maximum time for process is 1 YEAR.

If you have any information, pl update me.

My H1-B extension is denied ( still have 3.5 yrs H1B time out of 6 yrs) and visa was expired in March 2007. I filed last month 485. And Employer reapplied for H1-B extensin today.
Anyone had this situation ?. Any suggestions?. Please help me, with your valuble suggestions and ideas to stay in this country and the next steps to take.

Thanks in Advance!
Sri
 
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H1 cancelled or rejected

I have the same problem. I went mumbai consulate three times.

I came to india in 2003 from U.S. I went to the Consulate from March 23 April 6 and on june 15 for a new H1 visa. In all cases all three times I got a stamp on my passport and was returned back home with check 2300Rs. I am getting really worried if I will ever be able to go U.S.A. I have started thinking new opportunities like in Canada and Australia.
Here is what I took with me
H1
my transcripts
employment letter
all employer documents
receipt
Fee
passport
got the finger printing at the consulate


I dont know what to do I came back after 13 years ,
guru
Please advice.....
 
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HELP ME

similar problem

I applied for H1B extension three weeks before in premium but still i didn't get my receipt notice no....But my H1B getting expired sep30, 2007......will it be a problem ....some of my friends said since I sent my application before my H1B expire it wont be a problem....can any one help me as Iam so confused.....

Thanks,
Venky
 
Can indian contracting companies apply for green card, and do they do that
any ideas please let me know......
I am very worried about my case.
 
help me

thinkthird said:
Today I checked my H1B online status and found forlowing new information:

*******************************************************
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status: We mailed you a decision.

On August 21, 2007, we mailed you a decision on your I129, PETITION FOR A NONIMMIGRANT WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service.
******************************************************

I thought it was an approval notice at first, but to confirm it I called USCIS. Terrible news: my H1B extension was denied!

My first 3-year H1b expired on April 30th, 2007. I mailed extension application very late and receipt date was May 3, 2007, i.e., a 3-day gap.

I submitted my 485 on June 1st 2007 without applying EAD card. My 485 is EB2 and my priority date is 2005. I supposed that my H1b extension should be very smooth, since I have stayed in the same company and kept the same job as before. I got my AP two weeks ago.

But my H1b extension has been rejected!

The detailed reason is not clear because the mail is still on the way.

I am very anxious!

Here is my question:
1. Should I start my EAD application ASAP? Is it helpful to get the EAD.
2. Will my 485 be rejected due to failure in H1b extension?
3. Can I still work before I get EAD?

Anybody has any relevant experience?

Thank you all and good luck in your H1b and green card.

I will keep updated.
Click to expand...

hi

I am lucky, I applied for h1 and I got RFE twice. I got Second RFE in september and I cleared the requirements but till now I didnt get any answer from USCIS....please let me know how much time it takes???I am wondering if anyone could help me….. ? I am really depressed please help me.............. Appreciate your response
 
thinkthird said:
Today I checked my H1B online status and found forlowing new information:

*******************************************************
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status: We mailed you a decision.

On August 21, 2007, we mailed you a decision on your I129, PETITION FOR A NONIMMIGRANT WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service.
******************************************************

I thought it was an approval notice at first, but to confirm it I called USCIS. Terrible news: my H1B extension was denied!

My first 3-year H1b expired on April 30th, 2007. I mailed extension application very late and receipt date was May 3, 2007, i.e., a 3-day gap.

I submitted my 485 on June 1st 2007 without applying EAD card. My 485 is EB2 and my priority date is 2005. I supposed that my H1b extension should be very smooth, since I have stayed in the same company and kept the same job as before. I got my AP two weeks ago.

But my H1b extension has been rejected!

The detailed reason is not clear because the mail is still on the way.

I am very anxious!

Here is my question:
1. Should I start my EAD application ASAP? Is it helpful to get the EAD.
2. Will my 485 be rejected due to failure in H1b extension?
3. Can I still work before I get EAD?

Anybody has any relevant experience?

Thank you all and good luck in your H1b and green card.

I will keep updated.
Click to expand...



Did you send any covering letter with H1B Extenstion petition about your late filing ?
 
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