140 denied and 7th year H1 denied. Please Help!

M

marooti

Registered Users (C)
UnitedNations and all others who can help!!!!!!

After my 140 got denied, we filed for motion to reopen. And immediately after 9 days my company lawyer filed for my 7th year H1 extension under premium proecessing. They denied my H1 petition on the basis of my 140 denial (because of 3 year degree). They did not even send any RFE. My company lawyer is filling for a motion to reopen my case for 7th year H1 and this time she is sending the Receipt Notice from my Motion for I-140.
Looks like I am in deep trouble !!!! eh!!
I don't know if I will be able to stay in this country after Feb 2005. My present H1 is till Feb 2005.
I have following questions now:
1. After Feb 2005, Will I be in Status till a decision is made on my 7th year H1 extension appeal ?
2. After Feb 2005, Will I be in Status till a decision is made on my I-140 appeal by AAO in case my 7th year H1 is denied?
3. How many days of grace period do i have that I can use to overstay in US once I am out of status?
4. Do I have enough time to apply using another labor to come back into the status? Once again my present H1 expires in Feb 2005.

For past discussions about my case use this link unde the user name marooti pages 2 & 3.
http://www.immigrationportal.com/showthread.php?t=143132&page=3&pp=15

------------------------------------------------------
Filed at NSC, EB3
140/485/ead/ap rd 9-15-2003
EAD/AP received on 10-15-2003
140 rfe 5-25-04
FP#1, 6/20/04
I-140 denial 9-9-04 (education issues 3 years comp sc. degree instead of 4 years)
I-140 : Motion to reopen 10/12/2004
7th year H1 - denial (filed premium on Oct 22: denied on 3rd Nov.)
 
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3-Years Degree

After you show them the receipt notice for appeal -- you will get Ur 7th year extension. Your attoney should have included that when U were filing for H1b.

I hope that they will accept your appeal and you get the I-140, soon.

Good luck
 
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Marooti,
I am in the same boat as you but in deep waters already. My 140 (Salary Diff) and Seventh Year H1 were denied in Sep. My Company has filed MTR at the end of September. But they did not file a seperate MTR for my Seventh Year H1.

Does your attoney think, that by filing a MTR for Seventh Year by including a receipt notice of 140 MTR will fetch a positive result? I would greatly appreciate your comments on any developments of your case. All the best.

Gurus please respond if we have any alternate solutions. Thanks in Advance.
 
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LIN04,
I think you should send Receipt Notice of your MTR I-140.
In my case my lawyer had filed for 7th year extension at Vermont because I stay in NJ with out MTR receipt notice. My company is in Chicago (Nebraska service center, this is where I filed for my concurrent processing). I think this caused a lot of confusion. Vermont service center is not budging at all they won't approve my 7th year extension even though my lawyer sent them the receipt notice of my 140 MTR.
Now, my lawyer has filed for another 7th year H1 extension under premium processing at NSC and this time she has attached Receipt Notice of MTR. I am waiting to hear back from them.
My alternate plan of action is to use a substitute labor to file for another set of concurrent filing in case my 7th year at NSC is denieal also.

Being out of status could pose a lot of problems like you may not be allowed in US for 3-10 years once you go out of the country. I think you need an expert's opinion on how to get back on status.
 
140 denied MTR

Hi all,
I desperately need some advice.
We recieved an ND and supplied the documents that the officer asked for.But the officer sent us a denial notice for I-485 and our lawyer filed an MTR.
Are we out of staus now?
Applied for I -140, I-765, I 485 in 2001.
140 approved 2001
EAD 2001
I485 RFE 2002
FP 2003
Interview 2004
I-485 denied 2004
MTR : 2004
sincerely,
victim09
 
Sorry to hear your denial.

Please be specific, what kind of documents NSC requested and what you have provided.

So that others will share their experience here.
 
Mtr

Hi UnitedNations,
Thanks so much for the input. I dont want to work right now. All I care about is status: I read somewhere that as long as one has filed an MTR , one is in status, while decision is pending.
Also ,had we applied for I-485 immeddiately, it would still be denied: all this according to our lawyer.
Any suggestions on where to find the rules about status after MTR filing from USCIS websites?
victim09
PS: what does CPA stand for?
 
Victim09 said:
Hi all,
I desperately need some advice.
We recieved an ND


and supplied the documents that the officer asked for.But the officer sent us a denial notice for I-485

---- what was the reason given for I-485 denial by local USCIS officer?
--- where did you attend the Local USCIS Interview(local USCIS office??)
------- on what date your LC was filed? was your LC filed before 30 april 2001?????
provide the info you may have other options also.

and our lawyer filed an MTR.
Are we out of staus now?
Applied for I -140, I-765, I 485 in 2001.
140 approved 2001
EAD 2001
I485 RFE 2002
FP 2003
Interview 2004
I-485 denied 2004
MTR : 2004
sincerely,
victim09
Click to expand...
 
deatils, substitute labor

Hi Ginnu, United nations,
This is wictim09. I registered with a new id (newname16).
Our I-485 was denied because , inspite of our attorney's claiming that he took the documents to the officer personally, she said that she did not get them. the documents in question are : our date of birth certificates. We do not know whom to trust. Our attorney needs to act more responsibly. It cost us $500.00 to get those documents from our country. He submitted the originals!!!.
The local USCIS is Newark. Thats where our intr. took place.
Also, one can acquire recipets for documents submitted, but no , he did not get those.
Now I need the following info: did any one get a reciept for their MTRs.
How can one file for substitute labor, will that not be denied too right away? We only need to refile for I-485.
Is that doable?
newname16
 
I got my 7th H1 year extension at NSC. What a relief !!!
I think I will stay with my present company on H1 till the time I get my GC. Anything can happen at any stage with USCIS.
After the whole episod, I would suggest that the Receipt Notice for MTR I-140 denial should be sent along with 7th year H1 renewal.
 
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marooti said:
I got my 7th H1 year extension. What a relief !!!
I think I will stay with my present company on H1 till the time I get my GC. Anything can happen at any stage with USCIS.
Click to expand...
Hey congrats man ... so you filed in premium with MTR Receipt Notice stamp?
 
Hey Congrats Marooti,
I referred your case to my company who were claiming that seventh year MTR cannot be done. After seeing your messages they concluded that this can be done..but like you said Receipt Notice has to be attached. But they say they did not receive the notice yet. Shouldn't the USICS have sent them a Receipt Notice by now? What should be my action, if a receipt notice has not been received?
 
I received the Receipt Notice for MTR for I-140 denial within 10 days. I think one should attach the Receipt Notice because the status for I-140 is in denial state until the case reopens when you file for MTR. And I noticed that the LIN number on the Receipt Notice for my MTR is different from the LIN number of my I-140 and I think USCIS doesn't have an integrated system to show the MTR associated with I-140. So I would suggest to do a premium processing as soon as you receive your Receipt Notice.
 
I will post the details about my case on the I140 and I485 forums. I will take permission from my lawyer before I post her name on the forum.
I must thank all of you guys for sharing the knowledge and being there in tough times like I have gone through. My struggle will continue until I get my GC.
 
murooti,

Can you tell us , is there any developments on your I140 appeal cuzz I am in same boat too.
 
Hi, marooti

I am in the same boat as you are,

140 denied Sep 20 2004.
MTR notice receipt dated Oct 20 2004.(app fwd to AAO)
H1-B expires May 1 2005.

I am planning to apply for my 7th yr H1-B extension(premium processing) on my pending 140 (appeal state) with my receipt of the MTR for the state of California.

My lawyer is not sure if this can be done but he says that if I want we can proceed, please give us some pointers on how to proceed for a successfull application.

Please advice positively.
thanks a bunch.
-Raj
 
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