7th Year extension denied. URGENT

M

manju64

New Member
My 7th year extension was denied as lawyer filed early. My labor priority date is Oct 13 2003. My 6th year expiration was Oct 23 2004. Lawyer filed extension for 7th year on Aug 30th 2004 instead of filing it after Oct 13 2004. I got the denial in the first week of March 2005. Filed again for consideration through premium processing, got denied again saying that I am out of status for too long (i.e Oct 23 2004). I am currently out of status.

What options do I have? My employer is willing to file I140 and 485 concurrently with a pre-approved labour with priority date of Jan 2002. Will this work? Will there be a problem with adjustment of status I485?

Please help. Thanks
 
Unfortunately once you are out of status, your I-485 will be denied.

Consult with a good lawyer to see if there are any more options left for you.
 
Try this

I had a similar problem like yours. I was told that since your 7th year was filed before the expiration of your 6th year (importantly before the I-94 expiration date), you were on status (not exactly a good H1 status, but the period is called "Authorized to Stay by Attorney General) and you only fell out of status on the day your H1 was denied. You were coverd for 240 days to work with that status under that Authorized to stay status from your I94 expiration since your case was timely filed.

I heard people filing another 7th H1 under the "PRO NUN TRUNC" (do not laugh, I don't know what it is called, but it means filing late) method stating the actual mistake and many got approved. Try that. I am sure you will get your 7th easily.

My 7th H1 was denied, Motion denied and now working on EAD. Mine was not Nebraska.

You are also eligible to file I-140 and I485 under 245K since your out of status is not more than 180 days (again I am told this). Check with lawyer for sure.

You must have options since your case is very geniune.
 
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