My I-140 has been Denied and under appeal...H1-B getting expired on 29th Nov...can I apply for H-1 extension saying that my I-140 is under appeal and attaching the relevant document or can I simply apply for H1 Extension without mentioning about my I-140 being under appeal ? What are the chances that my H1-B will be extended ? Can I still be in status after 29th Nov ? I have completed more than 7 yrs in US now. Thanks !
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H1-B Extension with I-140 under appeal
- Thread starter Strat
- Start date
Few people say, it's possible and other say it's not. If you search this forum, you will see some denials on 7th year extension with I140 denial.
You need to put your A# on I129 and other forms, so there is no way you could prove CIS that you're claiming 7th or 8th years unless you have one of the following category:
* I140 pending condition
* LC pending for more than one year.
Hope for the best that you will get your I140 approval soon.
But at the same time, apply 8th year extension based on I140 appeal status with a regular processing, which may take 4-6 months to get the decision , at the same time get more room to decide further like filing another LC or pre-approved LC just in case CIS makes the denial is the final decision.
Good Luck to you. Most of the people are in your situation, including me.
Not sure "Bush" Government is still planning to give resident status for all who worked in US for the past 6 years. Let's wait, don't give up..
Just act...that's all we can do now...
You need to put your A# on I129 and other forms, so there is no way you could prove CIS that you're claiming 7th or 8th years unless you have one of the following category:
* I140 pending condition
* LC pending for more than one year.
Hope for the best that you will get your I140 approval soon.
But at the same time, apply 8th year extension based on I140 appeal status with a regular processing, which may take 4-6 months to get the decision , at the same time get more room to decide further like filing another LC or pre-approved LC just in case CIS makes the denial is the final decision.
Good Luck to you. Most of the people are in your situation, including me.
Not sure "Bush" Government is still planning to give resident status for all who worked in US for the past 6 years. Let's wait, don't give up..
Just act...that's all we can do now...
Thanks IC2003 ! I had some further clarification :
When I file for my H1-B extension, should I send my copies of I-140 Appeal (or the form that my lawyer has filled for appeal) along with it to prove that my I-140 is still pending? I know that I can buy time for 4-5 months if I extend my H1-B but if they do see the appeal papers of I-140 will they reject the H1-B at the receipt stage iitself...normally we get the receipt of H1-B in 2 or 3 weeks time but the actual processing takes like 4-5 months. Kindly tell me what you had done in your case.
Another fall-back option that I have at this stage is to apply for my I-485 through my husband..his 485 is also getting processed. Maybe I might get my EAD through him in 2 months time since our service center is Texas. I just wanted to be sure that I dont go out of status till I get my EAD.
Thanks for the heads-up on this issue and awaiting your response...
When I file for my H1-B extension, should I send my copies of I-140 Appeal (or the form that my lawyer has filled for appeal) along with it to prove that my I-140 is still pending? I know that I can buy time for 4-5 months if I extend my H1-B but if they do see the appeal papers of I-140 will they reject the H1-B at the receipt stage iitself...normally we get the receipt of H1-B in 2 or 3 weeks time but the actual processing takes like 4-5 months. Kindly tell me what you had done in your case.
Another fall-back option that I have at this stage is to apply for my I-485 through my husband..his 485 is also getting processed. Maybe I might get my EAD through him in 2 months time since our service center is Texas. I just wanted to be sure that I dont go out of status till I get my EAD.
Thanks for the heads-up on this issue and awaiting your response...