LC for GC approved.
Filed 140/485/EAD on Oct 7 2004.
RFE(intent to deny) received in Jan 2004(reason: Company financial situation)
Accepted response for RFE by INS on April 22 2004 but looks like they have not touched it yet.
My company did a very good job in submitting all the docs necessary to satisfy INS.
Current status 140/EAD on HOLD.
Sent inquiry through liasion to lift the HOLD on 140/EAD on June 24th 2004.
My current H1-B duration May 1 1999 to May 1 2004.
For back up plan (if my 140 is rejected to gain more time for re-filing/appealing) my lawyer says I do not have time, if
the rejection from INS is received close to May 1 2005(current H1-B expires).
For that he applied another(secondary) labor so that if my current 140 is rejected then I can extend my H1-B for more
than 6 yrs based on my secondary labor that will be pending for a year by that time and that will give more time to
appeal/refile 140. However he filed that secondary labor on May 20 2004. so my extended H1-B can only start from May 20
2005. What is my status between May 1 2005- May 20 2005?
For that this is the explanation he gave, which I do not understand it all, can some one please help me out here to
interpret it properly and the list of things I am supposed to do as I need to know this information by today/tomorrow and
my lawyer is not available to explain it to me.
"
THE CANDIDATE HAS HELD H-1B STATUS SINCE MAY 1, 1999
HE WILL HAVE ACQUIRED 6 YEARS IN H-1B STATUS ON 5/1/2005
AS HAVE DISCUSSED, WILL NEED TO SHOW LABOR CERT HAS BEEN PENDING AT LEAST
ONE YEAR BEFORE HE HAS ACQUIRED 6 YEARS IN H-1B STATUS IN ORDER TO GET
ADDITIONAL H-1B EXTENSION'S
IF IT TURNS OUT THAT IMMIGRATION SERVICE DENIES THE I-140, THEN BY 5/1/2005
CANDIDATE WILL NEED TO HAVE 'STOPPED THE H-1B CLOCK' FOR A FEW WEEKS.
(WHY? BECAUSE IF THE LABOR DEPT RECEIVES THE LABOR CERT ON 5/20/04, FOR
EXAMPLE, IT WILL NOT HAVE BEEN PENDING FOR 1 YEAR BY 5/1/2005)
BEST WAY TO DO THIS WOULD BE TO APPLY FOR A CHANGE OF STATUS FROM H-1B TO
B-2. HOLD B-2 STATUS FOR AS LONG AS NEEDED. THEN DEPART AND RE-ENTER TO
RE-ACQUIRE H-1B STATUS
AS IT MAY TAKE A LONG TIME TO GET B-2 CHANGE OF STATUS ADJUDICATED, WOULD
SUGGEST FILING NO LATER THAN SEPTEMBER 1,, 2005 IF NEEDED.
"
Here are my concerns
"I wanted to know what are the consequences of my 140 beign rejected.
Can I still be living and working after May 1 2005(my H1-B expires) while we are appealing/refiling 140?.
What are the things need to done for that? We did apply my secondary Labor certi by middle of May 2004 say May 20 2005,
this mean I can get my H1-B extension only starting from May 20 2005 and I can continue to work on extended H1-B starting
from May 20 2005? Is this Correct?
What do I need to do to live/work in the country between May 1 2005 and May 20 2005?
My lawyer did mention(see above) something about holding B2 for about a month between now and April 2005? Is this because
we are deducting 1 month of my 6 yrs H1-B clock and applying this 1 month after May 1 2005?
If this is Yes then, Can I hold B2 anytime for a month, example Oct 1 2004 to Oct 30 2004? How do I get back to H1 after
that month ?Can I still be working while I am on B2 status?
"
Please advice the chronological things I need to do and the different status I will be in according to my lawyer?.
What are the chances of my 140 getting rejected?.
thanks a lot in advance for your response and patience.
Filed 140/485/EAD on Oct 7 2004.
RFE(intent to deny) received in Jan 2004(reason: Company financial situation)
Accepted response for RFE by INS on April 22 2004 but looks like they have not touched it yet.
My company did a very good job in submitting all the docs necessary to satisfy INS.
Current status 140/EAD on HOLD.
Sent inquiry through liasion to lift the HOLD on 140/EAD on June 24th 2004.
My current H1-B duration May 1 1999 to May 1 2004.
For back up plan (if my 140 is rejected to gain more time for re-filing/appealing) my lawyer says I do not have time, if
the rejection from INS is received close to May 1 2005(current H1-B expires).
For that he applied another(secondary) labor so that if my current 140 is rejected then I can extend my H1-B for more
than 6 yrs based on my secondary labor that will be pending for a year by that time and that will give more time to
appeal/refile 140. However he filed that secondary labor on May 20 2004. so my extended H1-B can only start from May 20
2005. What is my status between May 1 2005- May 20 2005?
For that this is the explanation he gave, which I do not understand it all, can some one please help me out here to
interpret it properly and the list of things I am supposed to do as I need to know this information by today/tomorrow and
my lawyer is not available to explain it to me.
"
THE CANDIDATE HAS HELD H-1B STATUS SINCE MAY 1, 1999
HE WILL HAVE ACQUIRED 6 YEARS IN H-1B STATUS ON 5/1/2005
AS HAVE DISCUSSED, WILL NEED TO SHOW LABOR CERT HAS BEEN PENDING AT LEAST
ONE YEAR BEFORE HE HAS ACQUIRED 6 YEARS IN H-1B STATUS IN ORDER TO GET
ADDITIONAL H-1B EXTENSION'S
IF IT TURNS OUT THAT IMMIGRATION SERVICE DENIES THE I-140, THEN BY 5/1/2005
CANDIDATE WILL NEED TO HAVE 'STOPPED THE H-1B CLOCK' FOR A FEW WEEKS.
(WHY? BECAUSE IF THE LABOR DEPT RECEIVES THE LABOR CERT ON 5/20/04, FOR
EXAMPLE, IT WILL NOT HAVE BEEN PENDING FOR 1 YEAR BY 5/1/2005)
BEST WAY TO DO THIS WOULD BE TO APPLY FOR A CHANGE OF STATUS FROM H-1B TO
B-2. HOLD B-2 STATUS FOR AS LONG AS NEEDED. THEN DEPART AND RE-ENTER TO
RE-ACQUIRE H-1B STATUS
AS IT MAY TAKE A LONG TIME TO GET B-2 CHANGE OF STATUS ADJUDICATED, WOULD
SUGGEST FILING NO LATER THAN SEPTEMBER 1,, 2005 IF NEEDED.
"
Here are my concerns
"I wanted to know what are the consequences of my 140 beign rejected.
Can I still be living and working after May 1 2005(my H1-B expires) while we are appealing/refiling 140?.
What are the things need to done for that? We did apply my secondary Labor certi by middle of May 2004 say May 20 2005,
this mean I can get my H1-B extension only starting from May 20 2005 and I can continue to work on extended H1-B starting
from May 20 2005? Is this Correct?
What do I need to do to live/work in the country between May 1 2005 and May 20 2005?
My lawyer did mention(see above) something about holding B2 for about a month between now and April 2005? Is this because
we are deducting 1 month of my 6 yrs H1-B clock and applying this 1 month after May 1 2005?
If this is Yes then, Can I hold B2 anytime for a month, example Oct 1 2004 to Oct 30 2004? How do I get back to H1 after
that month ?Can I still be working while I am on B2 status?
"
Please advice the chronological things I need to do and the different status I will be in according to my lawyer?.
What are the chances of my 140 getting rejected?.
thanks a lot in advance for your response and patience.