H1b expired, 7th yr ext denied, Appeal pending

[Goingto7yr]

Hi all,

My H1b expired on 3 Oct 2006 and we applied 7th yr extension reg. processing on 27 Sep 2006. We did at the last moment because my labor was lost/misplaced by the DOL/BEC and could not obtain the snapshot from them. My lawyer thought, while processing the H1b, he can contact Dallas BEC and reconstruct the case before we get RFE or denial notice. But unfortunately BEC were so irresponsive and cannot reconstruct the case. Now my h1b is denied on 29 Jan 2007 (received the notice of decision) and we were asked to appeal the decision within one month. My employer has sent an appeal on 1st Feb 2007.
Here are my questions:

1. Am I still legal in this country? If its legal, how long it is?
2. If I go for labor substitution, will my H1b get approved without any questions or will it be scrutinzed? (I am asking this because my H1b is denied once by USCIS).

Please answer me if you or your friends have experienced similar cases?

Thanks in advance.

 

[great guru]

xx

Hi all,

My H1b expired on 3 Oct 2006 and we applied 7th yr extension reg. processing on 27 Sep 2006. We did at the last moment because my labor was lost/misplaced by the DOL/BEC and could not obtain the snapshot from them. My lawyer thought, while processing the H1b, he can contact Dallas BEC and reconstruct the case before we get RFE or denial notice. But unfortunately BEC were so irresponsive and cannot reconstruct the case. Now my h1b is denied on 29 Jan 2007 (received the notice of decision) and we were asked to appeal the decision within one month. My employer has sent an appeal on 1st Feb 2007.
Here are my questions:

1. Am I still legal in this country? If its legal, how long it is? You are not legal from 3 oct 2006 if your appeal gets rejected2. If I go for labor substitution, will my H1b get approved without any questions or will it be scrutinzed? You do not have time, you have already appealed, once appeal gets rejected , then you do not have any other recourse.. (I am asking this because my H1b is denied once by USCIS).

Please answer me if you or your friends have experienced similar cases?

Thanks in advance.

 

[immiq]

The question is asking “Am I still legal in this country” during the period of the appeal? Do you know it?

 

[great guru]

Answer is contigent upon your petition appeal results.
If your appeal is accepted, yes you are legal now. If your appeal is rejected, you are not legal now.

-------------------------------------------------------------

The question is asking “Am I still legal in this country” during the period of the appeal? Do you know it?

 

[great guru]

The answer to your question is contigent upon your petition appeal results.
If your appeal is accepted, yes you are legal now. If your appeal is rejected, you are not legal now.

-------------------------------------------------------------

The question is asking “Am I still legal in this country” during the period of the appeal? Do you know it?

 

[immiq]

Can one legally stay in the USA before knowing the results of the appeal and why?