H1B extension denied after 3 years

[Pat_ad]

My first extension to the H1B visa was denied (after3 years only). The original H1B visa expires in about 2 weeks (end of Aug 2011). I already have an approved I140 for GC (EB3) as part of a GC process with my current employer.

The denial reason: " .. The FEIN value entered in Section C.12 of the ETA Form 9035E must be re-verified..."

The attorney who filed the extension on behalf of the company says that he will attempt to resolve this issue and re-file.

I am concerned about the chances if these efforts were unsuccessful and the very tight timeframe. I need to prepare for options especially the consequences of this will highly impact my whole family since kids' school are also starting soon.

What are the options to seek?

1) Change employer ASAP. If an employment offer came up to start within the next month (original H1B would have been expired already)

a. Should the new employer apply for a new H1B or attempt to extend the original one which may be already expired for some time ago (days, weeks,..). How this time lag will be managed?

b. How this will affect the original priority date for GC (assuming that employer 1 will not withdraw it) either by extending or applying for new H1B visa

2) Current employer

a. What options are available with Current employer in case extension attempts are unsuccessful?

b. Can me stay be extended based on the already approved I-140?

c. Should my employer file new H1B?

d. If new H1B “just an assumption", can we catch up with the already approved I-140 or should he start the GC process all over again?

 

[ginnu]

My first extension to the H1B visa was denied (after3 years only). The original H1B visa expires in about 2 weeks (end of Aug 2011). I already have an approved I140 for GC (EB3) as part of a GC process with my current employer.

The denial reason: " .. The FEIN value entered in Section C.12 of the ETA Form 9035E must be re-verified..."
-----Bad lawyer. your employer should recover the fees from him
The attorney who filed the extension on behalf of the company says that he will attempt to resolve this issue and re-file.
---------- If your I-94 is still valid and your lawyer/employer can file the H1 extension BEFORE I-94 expiry date then let them refile.
I am concerned about the chances if these efforts were unsuccessful and the very tight time-frame. I need to prepare for options especially the consequences of this will highly impact my whole family since kids' school are also starting soon.

What are the options to seek?

1) Change employer ASAP. If an employment offer came up to start within the next month (original H1B would have been expired already)
---------------------If you have employer ready let him file H1 Transfer Before your I-94 gets expired. H1 petition must reach USCIS BEFORE I-94 gets expired
a. Should the new employer apply for a new H1B or attempt to extend the original one which may be already expired for some time ago (days, weeks,..). How this time lag will be managed?
--------- New employer will file H1 Transfer and H1 Extension at same time. Petition MUST reach USCIS BEFORE I-94 gets expired
b. How this will affect the original priority date for GC (assuming that employer 1 will not withdraw it) either by extending or applying for new H1B visa
----------- You have I-140 approved and you can retain PD of that I-140(keep the Copy of I-140 filing reciept or I-140 approval copy with you)
2) Current employer

a. What options are available with Current employer in case extension attempts are unsuccessful?
--------- Current employer can file H1 extension BEFORE your I-94 gets approved and Petition must reach USCIS BEFORE I-94 expiry date (Better to use good lawyer)
b. Can me stay be extended based on the already approved I-140?
----YES, you should be on H1 status and H1 extension must be filed Before your I-94 gets expired and Must reach USCIS Before I-94 expiry date
c. Should my employer file new H1B?
----------Why "new" or "Fresh"? ? He will file H1 Extension.

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