H1-B expiring Nov-07, I-140 RFE: Options

R

rickberry

Registered Users (C)
Hi: I need advise from gurus, seniors:

I came to US in Jan 15, 2002 on H1B visa. My present H1b petition will expire on November 08,2007. employment based labor certification (eb3) had filed in the month of June-2004 and was approved. I-140 filed in the month of Oct-2006. On Sept 06, 2007 received RFE for ability to pay and education evaluation. Company not yet replied for the RFE. Last date to send reply is 10-07- 2007. My employer filed for H1b Extension on July 10, 2007 and application is still pending at Service center. Since Jan 2002 I was out of US for 125 days on vacations, multiple times. Based on the above information what are my options if I would like to continue to work in USA beyond H1b 6 years limit, if my I-140 petition is denied.

Thanks in advance:
RB
 
If your I 140 is denied, you have no chance to extend your H1 beyond 6 th year. (unless you have any other LC is pending more tha a year) But eligible to recapture 125 days only beyond 6th year.

You have to follow up to send reply to your RFE, concentrate on that.


rickberry said:
Hi: I need advise from gurus, seniors:

I came to US in Jan 15, 2002 on H1B visa. My present H1b petition will expire on November 08,2007. employment based labor certification (eb3) had filed in the month of June-2004 and was approved. I-140 filed in the month of Oct-2006. On Sept 06, 2007 received RFE for ability to pay and education evaluation. Company not yet replied for the RFE. Last date to send reply is 10-07- 2007. My employer filed for H1b Extension on July 10, 2007 and application is still pending at Service center. Since Jan 2002 I was out of US for 125 days on vacations, multiple times. Based on the above information what are my options if I would like to continue to work in USA beyond H1b 6 years limit, if my I-140 petition is denied.

Thanks in advance:
RB
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