H1b and H4 extension denied.. Mistake but incompetant lawyer I think. Help!

H

honeymommy

New Member
Quick case history.....
1st I-140 denied and no degree.... Appeal put in based on experience.... still pending over 3 yrs.... LC was aproved for this, but apparently cannot be used for 7th extension as allready denied and pending appeal...
2nd LC pending over 365 days.. 7th yr extension put in in October.... as H1b and H4 expiring in November..... Premium processing payed for in January 2004..... Denied based on no LC in Feb 2004..

Appeal lodged and motion to reconsider....... Still waiting.....

The lawyer said OK for us to stay here in US until 180 days from H1b and H4 expriation which is May 4th 2004......She also said we could stay a little longer... eg 2-3 weeks after may 4th to get financies in order/ shiping and flights payed for..... We will have no money available to do all this untill that time......

Question.....

If we stay over the 180 days by 2 to 3 weeks, even if the appeal and motion to reconsider is still pending will there be a problem for us leaving? Will there be a problem for us if we wish to return again in a year or two?

She said she would give us a letter to take with us... not sure what it will mean.

Can you offer some wisdom please............

Thank you in advance for your wonderful knowledge....
 
Sorry to hear about your denial. I believe, overstay of more than 180 days (or even over staying less that 180 days) will only affect your chances of reentry. You shouldn't have any problem while exiting US, in my opinion.

I am also in the same boat. (You can check my previous postings in this site) My 7th year extension is denied and denial decision was made on the first week of April, as per my lawyer's contact who got the status from INS. But as of today we have not received the denial notice and we learnt in our latest enquiry of status that my application is under supervisor's review. No idea what that is. (My 7th extension is applied on the basis of pending lc from old employer).

Could you please tell me how long did it take for you to get the denial notice in your case? What is the denial date on the notice and when you actually received it? My application was filed during July 2003. I would greatly appriciate any inputs. (This is my 3rd attempt to know something about my case to ease my mental state).

Good luck to you.
 
honeymommy said:
Quick case history.....
1st I-140 denied and no degree.... Appeal put in based on experience.... still pending over 3 yrs.... LC was aproved for this, but apparently cannot be used for 7th extension as allready denied and pending appeal...
2nd LC pending over 365 days.. 7th yr extension put in in October.... as H1b and H4 expiring in November..... Premium processing payed for in January 2004..... Denied based on no LC in Feb 2004..

Appeal lodged and motion to reconsider....... Still waiting.....

The lawyer said OK for us to stay here in US until 180 days from H1b and H4 expriation which is May 4th 2004......She also said we could stay a little longer... eg 2-3 weeks after may 4th to get financies in order/ shiping and flights payed for..... We will have no money available to do all this untill that time......

Question.....

If we stay over the 180 days by 2 to 3 weeks, even if the appeal and motion to reconsider is still pending will there be a problem for us leaving? Will there be a problem for us if we wish to return again in a year or two?

She said she would give us a letter to take with us... not sure what it will mean.

Can you offer some wisdom please............

Thank you in advance for your wonderful knowledge....
Click to expand...

Have you not posted a similar story earlier under a different login id?
 
Not that I know of... I have posted questions on one other site but not this question. The other site took a long time to answer. so when I found this site I registered and this is my first post.....
 
kv2002 said:
Sorry to hear about your denial. I believe, overstay of more than 180 days (or even over staying less that 180 days) will only affect your chances of reentry. You shouldn't have any problem while exiting US, in my opinion.

I am also in the same boat. (You can check my previous postings in this site) My 7th year extension is denied and denial decision was made on the first week of April, as per my lawyer's contact who got the status from INS. But as of today we have not received the denial notice and we learnt in our latest enquiry of status that my application is under supervisor's review. No idea what that is. (My 7th extension is applied on the basis of pending lc from old employer).

Could you please tell me how long did it take for you to get the denial notice in your case? What is the denial date on the notice and when you actually received it? My application was filed during July 2003. I would greatly appriciate any inputs. (This is my 3rd attempt to know something about my case to ease my mental state).

Good luck to you.
Click to expand...

So sorry to hear you are going through similar situation.

We had the letter of intent to deny in February, after the lawyer payed for premium processing..... The appeal was then sent and a motion to reconsider. Last we heard is they could take another 5 months to reply to the appeal. To late for us as it is outside the 180 days.....

I don't know what a supervisors review is, unless there is an appeal in.... perhaps ask the lawyer...... I wish you the best, and hope they let you stay...

Oh I mistakenly said May 4th as the 180 days I meant to say June... LOL.. Head all over the place right now with all the arrangements and everything up in the air.

I have been checking other immigration info regarding overstay and ban.... From what have found today..... if we stay over 180 days then we get a 3 yr ban. If we stay over 1 yr we get a 10 yr ban.. If they start removal proceedings, we have the chance to do a voluntary departure which can mean a 3 yr ban but in some cases they waive that......
We have no choice but to be here after the 180 days. That is hubby's last legal day of work and the company will not give him his leaving pay till that date so we have no money for flights anyway.....
Plan is .... get the leaving pay, book flights and shipping then leave asap..

Amazing.... If we leave we abandon the appeal, if we stay we become out of status either way we face a ban..... We are in a no win situation.... Oh and how they think a family of 6 who have lived here for over 6 yrs is supposed to drop everything and go I have no idea... There should at least be a little leaway to give people time to get out..... OK thats my moan for the day.. :D

So anyone know for sure about the bans that may be imposed?
Is it possible to leave after the 180 days and not get a ban?

Thankyou in advance....
 
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