7th Year Visa Ext Rejected

V

venkatsri

Registered Users (C)
Hi,

I applied for 7th year Ext thro Premium Processing based on Sub LC.Intially i got RFE requiring Immigration Petition Receipt Number (I-140) after we responed the query last week, today they rejected saying that " Name in the Approved labor is different from the current beneficiary".

Now My H1 is expiring on end of october.

I'm going to file for 485,EAD,AP this week.
1.Can i legally stay after end of oct based on my pending AOS?
2.Can i file for new H1?
3.Anyone please let me know how to handle this situation?
4.how many days i can stay after h1 expiry?

Thx,
VKT
 
I applied for 7th year Ext thro Premium Processing based on Sub LC.Intially i got RFE requiring Immigration Petition Receipt Number (I-140) after we responed the query last week, today they rejected saying that " Name in the Approved labor is different from the current beneficiary".

Now My H1 is expiring on end of october.


------ I hope you got I-140 approved on the basis of Labor Substitution, if that is correct then read below
I'm going to file for 485,EAD,AP this week.
1.Can I legally stay after end of oct based on my pending AOS?
--- Yes, you should file I-485, EAD and AP, ASAP; once you get the receipt notice of I-485 filing your status will be AOS pending
2.Can I file for new H1?
----- If you have consumed 6 years I don’t think you can file New H1, but after filing the I-485 the day you get receipt you can file for 7th years extension based on pending I-485, attach the I-485 receipt
3.Anyone please let me know how to handle this situation?
--- Get the medical done immediately find a doctor who is ready to give you result in 2 days, get photographs for I-485, EAD, AP, make copy of passport pages, all past H1 approval notice copies and current I-94 copy (front and back), get letter from employer, if Service center is NSC or VSC send also color copy of Driving license and first page of your passport, try to assemble all the documents ASAP, find a lawyer who can complete your I-485 papers in 2 days, mail the package to BCIS with correct fees for each application by FedEx . you may get filing receipt before Oct end, don’t waste single day, file ASAP, so that you can apply 7th year extension after you get I-485 filing receipt because you may not get EAD to work immediately they may take 2-4 months to grant EAD and you need 7th year H1 filing receipt or EAD to continue work. Keep the H1 extension-filing package ready, they day you get I-485 receipt mail the H1 extension package next day to BCIS with I-485 receipt
4.how many days I can stay after h1 expiry?
--- I hope it is 10 days (I am not sure), no need to worry just file I-485 ASAP, if the EAD does not come or 7th year extension receipt does not come to you, you can discuss the option with HR or take leave till you get EAD or H1 extension filing receipt
 
Ginnu,

I filed for 485 and didn't receive receipt yet. What is the other option for filing 8th yr extension?? I received 140 receipt notice.
 
mrp2612:
“I received 140 receipt notice”
File the extension ASAP with I-140 receipt if it shows your name as beneficiary
 
485 filed.

Ginnu,

thank you so much for your information.my lawyer also suggested same.infact they filed my 485 this week.let's hope for best.

I will update on this more later,

Thanks,

VKT
 
Can i Stay and travle while H1 Pending

Based on my above posting,
suppose if i file again H1b 7th Yr extension alongwith 140,485 receipts before my current visa expiry date(11/01/03),

1.can i legally stay after expiry date because of H1ext and AOS pending.
2.is it ok, can i go out of this country comeback using AP with h1ext pending?


Please anyone let me know,

Thanks,

VKT
 
Can i Stay and travle while H1 Pending
Based on my above posting,
suppose if I file again H1b 7th Yr extension along with 140,485 receipts before my current visa expiry date (11/01/03),
---- You have to file 7th year extension when you get the receipt of I-485 filing and that has to be attached with H1 extension
1.can I legally stay after expiry date because of H1ext and AOS pending.
----- once your I-485 is filed and you get receipt your status is AOS pending and you can stay but for work you need H1 or H1 extension filed or EAD
2.is it ok, can I go out of this country comeback using AP with h1ext pending?
--- With AP you can come back and AP has to be filed in US and has to be approved and should be with you.
For more info please ask your lawyer you have paid the fees to him.
 
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