H1 7Th year Extension Question - Urgent Please

[dhiren1]

Hello Everyone -
My Greencard Labor Certification was filed on May 15, 2003.
365 days on my labor certification happens on May 15, 2004
My H1 6 years expired on July 9, 2004.

My attorneys filed for my 7th year extension on Feb 5, 2004.

We got a denial letter saying that it was filed too early, basically 3 months prior to May 15, 2004 date as mentioned before. They want us to appeal this decision using form I-290B.

Questions -
A) What can be done here? What should be our stance while filing the appeal.
B) What else should be done apart from filing the appeal?
C) What is the history of these kinds of cases? How do they respond to the appeal?
D) Can I fine a new H1 (not the extension) based on the fact that my labor cert for greencard has already been filed?
E) Any other advice?

Any urgent help would be greatly appreciated. Today is Aug 1 and we are filing for appeal tomorrow.

Thanks

 

[ginnu]

Hello Everyone -
My Greencard Labor Certification was filed on May 15, 2003.
365 days on my labor certification happens on May 15, 2004
My H1 6 years expired on July 9, 2004.

My attorneys filed for my 7th year extension on Feb 5, 2004.
-------- your 7th year LC was supposed to be filed AFTER May 15, 2004( that is the date you hit 365 days) with evidence of LC filing and pending more than 365 days. your lawyer filed it early when your LC was NOT pending more than 365 days
We got a denial letter saying that it was filed too early, basically 3 months prior to May 15, 2004 date as mentioned before.
---- USCIS is correct
They want us to appeal this decision using form I-290B.
------ I think appeal will be denied
Questions -
A) What can be done here? What should be our stance while filing the appeal.
---ask your lawyer who did the mistake
B) What else should be done apart from filing the appeal?
---ask your lawyer who did the mistake
C) What is the history of these kinds of cases? How do they respond to the appeal?
----- I think it may be denied
D) Can I fine a new H1 (not the extension) based on the fact that my labor cert for greencard has already been filed?
----- you hit 6 years July 9,2004 and you cant file NEW H1, you have to spend 1 year out of US to get NEW H1 approved for you
E) Any other advice?
------ your lawyer or others may help
Any urgent help would be greatly appreciated. Today is Aug 1 and we are filing for appeal tomorrow.

Thanks

 

[dhiren1]

Thanks Ginnu.

Why do you think the appeal will be denied? Do you have a history of such a case where it was denied? If we prove that it labor was pending for more than a year when my H1 was expiriring, is it not sufficient?

Let me know

Thanks

Dhiren

 

[ginnu]

Thanks Ginnu.

Why do you think the appeal will be denied? Do you have a history of such a case where it was denied?
---90% appeal cases are denied
If we prove that it labor was pending for more than a year when my H1 was expiriring, is it not sufficient?
---7th year H1 extension needed to be filed when you had valid H1, your lawyer has messed up your extension
Let me know

Thanks

Dhiren

 

[dhiren1]

H1 extension finally approved

So here is what we did.

We appealed the case within 30 days AND filed for a new H1 extension application called Nunc-Pro-Tunc. Nonc Pro Tunc is basically, applying for H1 extension late under certain special circumstances.

On employer's letter we justified the case and showed the reason why the earlier denial was wrong.

We filed the nunc pro tunc application under premium processing.

Finally my H1 extension was approved and I am relieved !