H1 6yrs expiring - I140 issues - please help!

[zakiahmed]

Hi,

My labor was approved on Nov, 2006 and we are ready to file I-140. But I am pretty certain that it will get denied due to 'ability to pay' issue.

My 6 year H-1 visa limit is expiring on Oct 2007.

I am arguing with my lawyer to get an H1 visa extension first but she said the following:

"After consultation with xxxx in our office, and review of the pertinent regulations, we have determined that, if the I-140 petition is denied, applicant will no longer be eligible for extension of his H-1B beyond the end of his sixth year, i.e. beyond 10/10/2007. This applies if the petition to extend the H-1B is pending or has already been approved. Therefore, since there is no advantage to filing for extension of the H-1B before the I-140 has been processed, and since there is an advantage to filing after the I-140 has been approved (Applicant will then be eligible for a 3-year extension), we think that it is better to wait until the I-140 has been processed."

Do you guys think she's right? Because, otherwise, I can get an extension upfront and atleast will have one more year on h1 even if my I140 gets denied.

Thanks,

Zaki

 

[rajenk]

Zaki,

Why do you think USCIS will raise the ability to pay issue? Can't your employer provide a ability to pay letter and an attestation from your employer's accountant/auditor. I think that will help support your I-140 and get it approved soon, then you can get 3-year extension.

 

[zakiahmed]

I am in a small consulting firm that is showing losses. But we are trying to support it by showing finances of its parent company which is showing +ive cash flow.

But there's still chance that my I-140 get denied. Anyway, what are my options? I am on 6th year of my H1 which is expiring in Oct 07.