Denied 140 & Pending H1 = Out of Status?

J

jlt007us

New Member
I am on 7th year H1 extension that expires on August 14, 2007 (Already Expired). I filed for my 8th year extension in the first week of August. My 140 got denied on august 14, 2007. 485 has been filed using the pending 140 in the month of July and I expect it to be rejected based on 140 denial.

I still haven't recieved my H1 extension approval. Are there chances of H1 rejection based on 140 denial? The lawyer has refiled 140 and 485 on august 15 ( I really don't know how that is possible as my original 485 has been sent for processing in july).

Am I out of status? If yes can an MTR put me in "awaiting status" rather than "out of status"? We still haven't seen the reason for denial and I suspect it to be 'ability to pay'.

I have been googling in circles and bumped into this forum and will highly appreciate any comments/guidance.
 
1. Ability to pay does not normally result in denial. This results in RFE.
Unless you see what it is, do not jump to conclusions.

2. Looks like your H1 extension will get rejected. You will need to do something else to continue your status. may be file an appeal on the denial.
 
The MTR/Appeal is the only way you can maintain status regarding your current situations. I wonder how your employer/lawyer can file I-140 within just 1 day. How you know that your I-140 is denied ?. Is my online message (or) is your attorney/employer received the actual denial notice for your case?. If so...they and you should have known the actual reason for the denial...right ?.
 
jlt007us said:
I am on 7th year H1 extension that expires on August 14, 2007 (Already Expired). I filed for my 8th year extension in the first week of August. My 140 got denied on august 14, 2007. 485 has been filed using the pending 140 in the month of July and I expect it to be rejected based on 140 denial.

I still haven't recieved my H1 extension approval. Are there chances of H1 rejection based on 140 denial? The lawyer has refiled 140 and 485 on august 15 ( I really don't know how that is possible as my original 485 has been sent for processing in july).

Am I out of status? If yes can an MTR put me in "awaiting status" rather than "out of status"? We still haven't seen the reason for denial and I suspect it to be 'ability to pay'.

I have been googling in circles and bumped into this forum and will highly appreciate any comments/guidance.
Click to expand...



What Degree you have?
 
1. Ability to pay does not normally result in denial. This results in RFE.
Unless you see what it is, do not jump to conclusions.
- Ability to pay is the original RFE that was issued in october 2006 and had been replied.

2. Looks like your H1 extension will get rejected. You will need to do something else to continue your status. may be file an appeal on the denial.
- If lawyer has only attached labor approval as 140 was pending, will H1 be still denied?

3. The MTR/Appeal is the only way you can maintain status regarding your current situations. I wonder how your employer/lawyer can file I-140 within just 1 day. How you know that your I-140 is denied ?. Is my online message (or) is your attorney/employer received the actual denial notice for your case?. If so...they and you should have known the actual reason for the denial...right ?.
- I really have no answer how lawyer managed to refile in just 2 days. My employer confirmed that as he generated payroll in advance for the supporting documentation. I have seen the denial from the online message that was generated. As of today neither lawyer nor employer recieved the reason for denial.

4. What Degree you have?
- I have 4 year engineering degree from a premier institute in India.
 
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