140 Denied, 6years expiring, need help please

H

hydap

Registered Users (C)
Hi Everyone,

In August'02 my I140 has been denied by NSC(Transfered from TSC) because of Educational mismatch in labor, a common mistake done by my attorney.
Recently I joined to a company on Labor Substitution basis, now they're telling that they don't have approved labor. They had one which was used for someone else. They filed for my H1 transfer which is still pending.
I have only 2 months remaining in expiring my 6years H1 term.
My previous company filed for new labor in Dec'02 which is still pending.
My question is do I qualify for 7th year extension. What are the other options do I have ? I'm working on a long project. Please let me know your thoughts and if you have information.

Thank you
 
hydap,
what exactly mistake made by attorney ?
Can't you file for an appeal and correct the mistake ? Is it not possible to work on L1 after H1B ?
 
In Labor educational requirements mentioned, Engineering Science and I have education equivalent to Degree in Information System(B.com + 1 year PGDCA).

I don't think I can work on L1, L1 is company based visa and should work for that company only who sponsers.
 
IF 1 year has passed after filing for labour you can file for 7th year extension. But you do not qualify for that since it occurs only in Dec '03. Its better to go out of the country for 1 year and come back again.

Also 6yrs is counted from the date of your first entry into US and not from the date Your first H1 was approved. So verify again and check whether your 6yrs really get completed in 2 months.


Check with your lawyer or any other lawyers chat forum
 
How long for AP approval?

Hi sbctsublc,

How log took for you to get AP approved. We filed in 04/17/03 and we're wondering how long is actually taking, since they say 150-180 days in the receipt notice
Thanks
 
For me BCIS took roughly 2 months from the date they received. But as everyone say, it is different for each case. As per my observation, most of the cases get approved within 2-3 months, provided your preliminary 140 screening is through in concurrent filing cases.
 
From Which center??

HI sbctsublc ,

Is your case from TSC or NSC or CSC etc.,?

Please let us know.

Thanks,
MM
 
Hydap

You can appeal the decesion. Appeal it. It will take atleast another six months to get result. By that time arrage for different labour. If it crosses december any way you have seventh year extension. try some thing God will help you
 
Thanks for your reply, I'm still trying to find some labor substitutions, if i get any i'll be on track otherwise I have to depend on luck.


AAU is already denied my case so I can appeal again to them ?

Thanks
 
Marry a US citizen if you are single

Marry a US citizen ( Indian Origin if you are particular about it) if you are single to continue your stay.

What is the kind of work you do and what are your options about relocation ?
 
Satya,

Thanks for your advise but I'm married .

User1973, I send you email, can you please respond to it asap.

Thanks
 
Last edited by a moderator:
You must log in or register to reply here.
Top