6 Yrs on H1 over, switched to EAD, I140 Denied

[atulh]

Hi Gurus,

Can someone please help !!!!

My H1 6 yrs expired in March 2003, switched to EAD, my employer did not file an extension on my Visa. Now my I-140 is denied. Employer has appealed the decision.

My questions are :

1. How long does the Appeal Process take to get a decesion
2. How long am I legal to stay in US. My lawyers say's six months form the
denial date.
3. Since a year has passed on my H1, can I apply for a fresh H1. Will that be
valid.
4. What are my options now ??
5. If I get a substitute labor, what is the process, does company have to
first process my H1 to get me on thier payroll and then subsequently file
my I-140 / I-485 ????

Would really appreciate if I coudl get some answers.

Thanks in advance for your time and considerations.

 

[Mashurs]

I am on the same boat, but I am still waiting for my H1 extension. Please let me know if there are any options. If my H1 gets approved I can stay till March 2005, which I am hoping for.

 

[jd imm]

Gurus please reply

atulh, Why was your I140 denied? Iam sure you would have searched this forum but I do remember a member posting a similar question, his 140 was approved later , But he had his H1 so he was safe but Iam not sure without H1 what happens. I think once you appeal it goes to the same officer and if you are providing more documentation he can approve your case but if the additional document whatever you submitted does not convice him then it might take more time for a decision to be made.
-jd

 

[atulh]

atulh, Why was your I140 denied? Iam sure you would have searched this forum but I do remember a member posting a similar question, his 140 was approved later , But he had his H1 so he was safe but Iam not sure without H1 what happens. I think once you appeal it goes to the same officer and if you are providing more documentation he can approve your case but if the additional document whatever you submitted does not convice him then it might take more time for a decision to be made.
-jd

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My I-140 was denied on the basis of Company Ability to Pay. My lawyer did not ask for or submit my Tax returns when I got an RFE.

I was told that the W2 are employer generated documents and not a verifiable source for the salay that is actually paid to the beneficiary that's me. This can be verified if the W2's are supported by the beneficiary's Tax Returns - 1040.

I am hoping base don this I should get an approval, because my employer is not only paying me salary that's quoted on teh labor but couple of thousands more .