Avjr, did you get your 140 approved?

My 1-129 (7 th year extension ) which was filed in Feb 04 was denied. My lawyer received this communication on 10/21. It was denied because I-140 was denied on 09/27. But there was no communcitaion from CIS regarding I-140 denial. As per CIS status line, "they have received response on 09/17". The last update was 09/28.

My six year term ended in 02/04. EAD expires in march 05.

Guys, please give me your thoughts and suggestions on this?

What are my options?
What is my status now?
What are your thoughts on going for another i-140 using substite labor?
Are there any issues with 1-94 as my 7 th year extension was denied?

How long I can stay here?


Unitednations, what are your thoughts on this?
 
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My lawyer has not received the denial notice. The CIS status on-line does not say anything about this. It says the received info for the RFE and persuing the case. What are your thoughts on another I-140/485?
 
you said "there is nothing unusual about this as far as it relates to your case".
I did not get this.

Is there any advantage not asking for the status of I-140?

how can I be out of status as my EAD was not cancelled? We want to file another I-140/485 using substitute labor (1997). After filinig, want to send a letter/appeal for I-129 saying that denial for I-140 was not received and at the same time or other time to let them know about another I-140. It seems to be there is a risk for another I-140 as I do not have valid I-94. Do I have to file another I-485 or can use existing I-485? how about medical tests? do we have to go for it second time?
 
We knew this denial from I-129 denial. In order to appeal for I-140, we should know I-140 status from CIS. What is the fastest way to check this? I heard even the employer hot-line is same as regular 800 number.
We had fingerprints recently (09/30) and the same was updated on I-485 status on 10/06. there is no mention of denial there too. Is there any possibility that the people who issue extention sees RFE on I-140 as denial?


RD for I-485/EAD - Nov 07/2003
RD for I-219 - Feb 17/2004

6years expired on 02/22/04.
Got EAD in May 2004.
I did work all the time this year.

As per the I-129 denial notice, I-140 was denied on 09/27.

Please let me know whether I made any unlawful presence. Have I became of out of status any time?

Thanks for your time unitednations.

is MTR and appeal are the same? Please let me know what are these.
 
Hi UN,

I would like to hop in with a question. Due to some reason I will be shifting to work on my EAD on 1st Novemeber when H1 expires. I am not extending it. My 6 years ends in March 2005. My 140 has been approved and in all probablity I am going to shift employer (no chance of H1 transfer also).

I had my FP also done in Sep. My question is if my 485 gets denied after I start using my EAD what would my options be i.e. can I continue using EAD while(if) I appeal my denial. Just a scenario which my happen but I would be grateful for any insights you may have.

Thanks !!!

Yeppo
 
Hi UN,

Thanks. I would have used up 5 years 7 months of my H1B time when I would be switching to EAD. Would that give me time maybe to switch back to h1, file another 140/labor certi. and try for a 7th year extension.

Thanks !!!

Rgds,

yeppo
 
Hi UN,

It seems to be my company first wants to file I-140 (2nd - with substitute labor) before appealing I-129 because they want to use that as part of appeal. Also they appeal for I-140(1st) when they actually receive it(?).If the denial was based on the fact that my degree is not CS, they want to appeal with another labor certification. They will ask them to approve this with new labor certification. That means they will be using two labor substiution for this process.My company thinks it might be better not ask for the status now.

Whar are your thoughts on this?
 
They have already made one mistake when they filed labor. I do not want to take any more chances. I am asking your comments. I did not get their point to wait to know the status. I just want to find if there is an issue with the approach and wanted to discuss that with them before we work on that. I like your comments.
 
Key part is for 7th year extension; before you file it you have to show at that point that you were going to get substituted on a labor that was outstanding for more than 365 days. If it was approved then you were going to have to show a 140 being filed prior to the 7th year extension being filed.

It is not always possible to show 140 being filed prior to 7th year. What happens if labor gets approved in 7th year?
 
Hi UN,

The substitute labor was approved in 1997.

Are there any issuses in going for second 140 along with appeal for first 140?
 
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