140 Denied!! Help from UnitedNations and others

[HeyWhereIsMyGC?]

hey guys
I am posting this for my friend whose I140 has been denied.

H1 approval expires --- Mar 2007
Labor applied --------- Aug 2004
Labor cleared --------- Jan 2007
I-140 applied in PP---- Jan 2007

I-140 DENIED ---------- Feb 2007

He has a 4 year degree and on his 7th year H1B extn expiring March 2007. He was waiting for I140 approval for to apply for 3 year H1B extn. But now the I140 is denied (reason - Company's inability to pay).

His Company suggests
a. Apply for 8th year H1B extn based on approved labor
b. Apply for MTR on the I-140

Questions
-------------
a. How long the MTR takes to be processed
b. Whats the probablity the 8th year H1B extn will be approved ('cos my 140 is denied)
c. Should he do H1B premium processing? or the normal way
d. If H1B is denied, should he leave the country soon
e. Is there any better way to proceed

Thanks

 

[cyberbabu]

Go with employers suggestion

Given the circumstances, I would go by the employer's recommendation.

H1 premium processing is not required, a receipt should be fine to work and stay in the US. I would also suggest your friend to look for another prospective employer and start on a backup H1 just in case this one does not make it.

As for the MTR, it depends on the employer's attorney to fight it out (subject to satisfying all the requirements for ability to pay), usually it's a long process..UnitedNations is the man for 140 MTR's..i have read many of his posts.

 

[HeyWhereIsMyGC?]

followup

Current employer applied 8th year extension and working on to file MTR.
If we get any other approved labor from any employer, can we file H1 extension on that after current H1 expires or is it had to be before?
Should I need to move to that new employer as soon as we recieve fedex recipt number or receipt number? can I wait till any decision comes MTR of current employer?