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old H1B expired, current H1B status pending and I-140 Denied

Hello Rajiv,

I applied for my H1B 9th year extension using I-140 substitution in 10th March 2008. My 8th year H1B was expired on 16th April 2008. Currently the H1B extension was is in pending status. Unfortunately my I-140 was denied on 18th April 2008 due to Bachelors degree.

I Used PERM EB2 labor substitution (May 2006 PD) and filed I-140 in July 2007 and denied (NSC) directly with out RFE. This is due to 4 years bachelors’ degree and I have 10+2+3(Diploma) +3 (engineering-AMIE). I already applied my 485, EAD and AP.
I got AP, EAD, but didn’t use it.

Now can I appeal for I-140 and get my 9th year extension?
What are the chances of getting my 9th year H1B extension?

What are my options now to retain my

Could you please give me your valuable suggestions on this?

Thanks,
Naga
 
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H1B extension and pending I-140

My 6th yr on H1B expires in Nov'08 and expecting I-140 approval around that time (assumption based on current trend). Labor is approved on 2-Oct-07.

Question 1: If we apply for H1B extension, say in end of Oct'08, and the I-140 gets approved soon after that (i.e. before H1 is approved but after we've sent the extension papers), would I get a 3yr extension or 1yr ? Would the officer who reviews H1B papers look into my immigration status at that point ?

Question 2: Do you advice to wait till Oct or apply for H1 extension 6months prior to expiry of H1 ?

Thanks.
 
Hi,

My company filed EB3 I-140 and USCIS issued a RFE for Ability to Pay, which my company did not receive. USCIS denied my I-140 and company filed MTR (I-290B) without RFE reply. USCIS denied the MTR and included the RFE info with the denial. So attorney sent financial details of the company to USCIS. My local congressman's office also sent a letter to USCIS requesting to reopen my case. I have I-485 filed based on this I-140.

Meanwhile, my company filed a new EB2 I-140.

Can you please let me know my options to salvage my EB3 I-140 and associated I-485 petition. Also please let me know if I can transfer the EB3 priority date and the associated I-485 petition to the EB2 I-140. Can I file an appeal on EB3 I-140.

I would really appreciate any help in this matter.

Thanks
 
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