H1 B expiring, waiting on I140 appeal


New Member
I am desperate. Been in process for the last 5 years. I140 denied 1st time, inability to pay, we refiled, got RFE and we replied with a Forensic Accountant Report to prove ability to pay. I140 denied again, same reason as before. EAD and 485 now nul en void... Filed an appeal in May 2008. My H1 up in Feb 2009. Filed new perm, just got an audit and it is in Atlanta which is notorius for looooong replies for Audit. I applied for 1 year , 7th year extention based on appeal of I140, hoping the appeal will take as long as possible(knowing the 5% stats on success). I hope for a quick perm approval so I can file for new I140 with my new , much stroger finacially,company sponsoring me. Now with the audit it does not look like I will be able to file the I140 premium processing in time before my H1 expires. All that is left that I hope to get the H1 extention based on appeal of 1st I140 to gain some more time
Does anybody have any other ideas to try and survive this mess?? Or a different take on how to contest the original denial..I know there was a guy Unitednations that seemed to know a lot about this problem but I could not get hold of him. Any ideas guys??
If your appeal is still pending, you can't file a new I-140 until the appeal is decided or you withdraw the appeal. If the appeal is still pending you can renew your H1 by a year again based on that, then withdraw and re-file the new I-140.