Gurus... please suggest

V

venkat04

Registered Users (C)
My I-140 denied and send for MTR.
My 6 year H1-B expired in July 2nd week. Applied for 7th eyar H1 in June-04.

I am not sure about by I-140 and hence my H1 for 7th year.
One of friends suggested me to go with another company H1-B with Premium process while MTR is pending. Also that company has some labor certificates for applying I-140.

Do you think this will work out? or can I go back to my home country?
I don't want to spend too much money on things that are not going to work.
Please advise. Thank you
 
venkat04 said:
My I-140 denied and send for MTR.
My 6 year H1-B expired in July 2nd week. Applied for 7th eyar H1 in June-04.

I am not sure about by I-140 and hence my H1 for 7th year.
Click to expand...


There is no reason to think that since your I-140 is denied your H1 will be also denied. They are both are entirely different categories of visa. One is work visa other is EB based Immigrant Visa.

venkat04 said:
One of friends suggested me to go with another company H1-B with Premium process while MTR is pending. Also that company has some labor certificates for applying I-140.
Click to expand...

No need .You can still work with your existing employer (the one who filed I140) once you get the receipt for your 7th H1B extension.

venkat04 said:
Do you think this will work out?
Click to expand...
what was the reason for I140 denial..please give as many details as possible if you want other members to jump in..

venkat04 said:
or can I go back to my home country?
I don't want to spend too much money on things that are not going to work.
Please advise. Thank you
Click to expand...

Well you can always go back to your home country..
I don' think it will cost any more than the usual (unless your lawyer is charging lot of moeny for MTR).
 
venkat04 said:
My I-140 denied and send for MTR.
My 6 year H1-B expired in July 2nd week. Applied for 7th eyar H1 in June-04.

I am not sure about by I-140 and hence my H1 for 7th year.
One of friends suggested me to go with another company H1-B with Premium process while MTR is pending. Also that company has some labor certificates for applying I-140.

Do you think this will work out? or can I go back to my home country?
I don't want to spend too much money on things that are not going to work.
Please advise. Thank you
Click to expand...

Whether this will work out or not is entirely contingent on how good the MTR is. The H-1 extension is contingent on the outcome of the I-140 since once you have a final decision on your case you are no longer eligible for a 7th year extension.
 
Jim Mills said:
Whether this will work out or not is entirely contingent on how good the MTR is. The H-1 extension is contingent on the outcome of the I-140 since once you have a final decision on your case you are no longer eligible for a 7th year extension.
Click to expand...

what about applying for 7 th year extension based on approved labor??
 
allaboutgc said:
Vencat,

Could you please post why your 140 was denied? Thanks a lot.
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My I-140 denied based on employer ability to pay.
After reviewing CPA report, my attorney is hopeless. for an eye wash my attroney sent for MTR with some comments and clarifications.
 
Jim Mills said:
Whether this will work out or not is entirely contingent on how good the MTR is. The H-1 extension is contingent on the outcome of the I-140 since once you have a final decision on your case you are no longer eligible for a 7th year extension.
Click to expand...

Jim,
Thanks for your suggestion.
Can I apply for 7th year H1, with diffrent company based on the approved labor (priority date oct/01, approved jun/03)? If so, I can go with premium process as MTR will take about a month or two for final decision. In the mean time I can get my H1 premium. Is it going to work?
 
7th Year H1-B Approved

Hello,
My 7th year H1 & H4s approved today. See the case history in the above. :)

I-140 MTR is still pending. :confused:
 
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