H1B Extn after 6 years : I-140 Approved; I-485 denied ;Needs Guidance

S

solicit

Registered Users (C)
Gurus,

My case is a little complex and would appreciate any help and guidance from the folks here. Some specifics on my case

Current Status : 8th year H1B expires in Mar '06.

My 7th year H1B and 8th year H1B ( 1 year extensions ) were obtained on the basis of pending I-485. ( VSC -RD: March, 2002 ; Non concurrent filing; I-140 approved Jan 2002; Priority Date : March 2000). However my I-485 was denied recently ( abandonment due to lack of finger print). I can not apply for a new I-485 now due to retrogression in priority dates. What are the options before me to get an H1B extension

1) Can I get an H1B extension based on my previously approved I-140? ( No I-485 pending at this point) ?

2) Is there a provision to get 3 year H1B extensions on the basis of approved I-140 and retrogressed priority dates ? If so, can that provision still be applied to me? ( given that I have used another 2 years and also had a prior I-485 filing? )

3) Can the approved I-140 be used to obtain an H1B Transfer in the event that my current employer does not co-operate in going through the hassle of filing another 3 year H1B.?

4) My immigration matters are handled by my company's counsel, who has very little knowledge of anything out of the norm for H1B/ I-485 issues. Can anyone point to me the provisions of the law which will help me to obtain 3 year H1B extensions ?

Thanks in advance for all your help and time..

-solicit
 
Your I 485 is based on approved I 140, since I 485 is denied your I 140 is gone. You do not have any status now. Consult a good attorney to reopen your I 485 case immediately, otherwise you do not have any status to stay in US.



solicit said:
Gurus,

My case is a little complex and would appreciate any help and guidance from the folks here. Some specifics on my case

Current Status : 8th year H1B expires in Mar '06.

My 7th year H1B and 8th year H1B ( 1 year extensions ) were obtained on the basis of pending I-485. ( VSC -RD: March, 2002 ; Non concurrent filing; I-140 approved Jan 2002; Priority Date : March 2000). However my I-485 was denied recently ( abandonment due to lack of finger print). I can not apply for a new I-485 now due to retrogression in priority dates. What are the options before me to get an H1B extension

1) Can I get an H1B extension based on my previously approved I-140? ( No I-485 pending at this point) ?

2) Is there a provision to get 3 year H1B extensions on the basis of approved I-140 and retrogressed priority dates ? If so, can that provision still be applied to me? ( given that I have used another 2 years and also had a prior I-485 filing? )

3) Can the approved I-140 be used to obtain an H1B Transfer in the event that my current employer does not co-operate in going through the hassle of filing another 3 year H1B.?

4) My immigration matters are handled by my company's counsel, who has very little knowledge of anything out of the norm for H1B/ I-485 issues. Can anyone point to me the provisions of the law which will help me to obtain 3 year H1B extensions ?

Thanks in advance for all your help and time..

-solicit
Click to expand...
 
incorrect, vice versa is true. You should be able to file mtr/cp/485

however wait till jan bulletin is out, you may be able to file 485 again soon, but the flip side would be you can be taken as out of status too, if you used the EAD, so in that case it may be better to file CP if your employer is supportive and in next few months you should be able to get CP at consulate. mtr should also be better as in this case you are likely to be approved. if you have been in h1 all along then you should be in status too and not out of status. if h1 is aobut to expire, file expedited 3 years extension asap

in any case rush to get the most competent attorney like murthy or shusterman
great guru said:
Your I 485 is based on approved I 140, since I 485 is denied your I 140 is gone. You do not have any status now. Consult a good attorney to reopen your I 485 case immediately, otherwise you do not have any status to stay in US.
Click to expand...
 
Last edited by a moderator:
Thanks for all your responses..

I am sure that my I-140 is not void by the I-485 denial. So I should be able to file another I-485 when the PD becomes current.

I have never used an EAD, and has always maintained my H1B. What I am more concerned abt is retaining my H1 status and getting H1B extensions as I fight this 485 battle.

Anyone has an idea if I still qualify for Section 104 (c) AC21 ; i.e 3 year H1B extension; now that my I-485 has been denied and I am waiting to file another I-485?

Thanks for your help in advance..

-solicit
 
if you have a chance spend 1K for expedite and file 3 yrs

and get it this gives ample time to you,
solicit said:
Thanks for all your responses..

I am sure that my I-140 is not void by the I-485 denial. So I should be able to file another I-485 when the PD becomes current.

I have never used an EAD, and has always maintained my H1B. What I am more concerned abt is retaining my H1 status and getting H1B extensions as I fight this 485 battle.

Anyone has an idea if I still qualify for Section 104 (c) AC21 ; i.e 3 year H1B extension; now that my I-485 has been denied and I am waiting to file another I-485?

Thanks for your help in advance..

-solicit
Click to expand...
 
what happened to this case ?

solicit : i am in a similar boat as you were at that time. If you are still on this forum, please tell me whether the 485 denial means 140 denial or can the original priority date be used.
 
How do I know when to file I-485

Guys.. this might not be 100% related to his case, but since we are in the I-485 topics.. and you guys seem to know about this I-485 very well.

My question is, I got I-140 approved. Now wating for the Priority date to be come available, my priority date is Jan 2003. Now I am on 3 years extension until June 2009. When the Priority Date on the VISA website reached mine (2003), do I have to wait for them to mail me the Immigrant VISA number and use that to file I-485, or I just go ahead and file it with out the Immigrant VISA Number.. Are they going to notify me some how .. or when I can file the I-485. Just don't know what to look for .. or when can I file it.

Any answer is really appreciate... I just don't know what is my next step.

Thank.
 
IcePegasus said:
Guys.. this might not be 100% related to his case, but since we are in the I-485 topics.. and you guys seem to know about this I-485 very well.

My question is, I got I-140 approved. Now wating for the Priority date to be come available, my priority date is Jan 2003. Now I am on 3 years extension until June 2009. When the Priority Date on the VISA website reached mine (2003), do I have to wait for them to mail me the Immigrant VISA number and use that to file I-485, or I just go ahead and file it with out the Immigrant VISA Number.. Are they going to notify me some how .. or when I can file the I-485. Just don't know what to look for .. or when can I file it.

Any answer is really appreciate... I just don't know what is my next step.

Thank.
Click to expand...

They won't notify and we will need to look for visa bulletin every month check to see if our Priority dates are current.
 
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