Concurrent Filing: I-140 Denied (EB1). What are my options?

H

HFIG

Registered Users (C)
People,
I just read on-line that CSC intent to deny my case and a notice has been sent on Oct. 31.
Do I have any option/s? Please, advise.

My details: Present Status H1B
I-140:
RD: 7/26/02
ND: 7/29/02

I-485:
RD: 9/03/02
ND: 9/02/02
 
Per your current status you are safe as far as staying in US.
what do you think might be the possibility of denial then we can (all members here) can post some possible advices...
 
Thanks, Jaxen. Well, I don't know why it has been denied. I satisfy all the six requirements for EB1. I will post the reasons INS gave to the net when I get the letter.
Thanx, once again Jaxen.

HFIG
 
Jaxen, what about if INS decides to adjudicate my I-485 now and as such denies me since I have been denied of I-140? Will my H1 status still hold? I hear from some quarters that once I-485 is filed, one loses the H1 status. Is that correct?

Thanx.
HFIG
 
You don't lose your H-1B unless you used EAD. To use EAD, you need to refile your I-9 form and say that you use EAD for employment
 
1. if you have not used EAD you are on H1 status

2 your case is EB1 and in 90% EB1 cases they ask RFE, first let us know about the RFE and then your lawyer can reply to RFE with evidence and can also request for motion to reopen
 
Thanks to you all folks for the replies and tips. I will post the INS
letter here when I get it.
Thanks

HFIG
 
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