Extend H1-B after 6 yrs clock

rcodavali

Registered Users (C)
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.
 
What is my status between May 1 2005- May 20 2005?
--- Illegal
Can I still be living and working after May 1 2005(my H1-B expires) while we are appealing/refiling 140?.
---Yes
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,
--- Secondary labor is not related to the appeal/refile process.

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?
---You can also extend H1 based on the rejected 140/labor when it is penidng and then come may 2005 switch to H1 based on the new labor.


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?
---I would not risk a h to B and a B to h conversion at this point of time.

What are the chances of my 140 getting rejected?.
--- Any 140 can be rejected.. So the probability is 0.5 - which is theoritically normal...
 
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