H1B status pending, I-140 denied Next steps

[nchendica]

I applied for my H1B 9th year extension using I-140 (labor substitution) in 10th March 2008. My 8th year H1B was expired on 16th April 2008. Currently my H1B extension was is in pending status and unfortunately my I-140 was denied on 18th April 2008 due to Bachelors degree.

I used PERM EB2 labor substitution (May 2006 PD) and filed I-140 in July 2007 and denied (NSC) directly with out RFE. This is due to 4 years bachelors’ degree and I have 10+2+3(Diploma) +3 (engineering-AMIE). I already applied my 485, EAD and AP. I got AP, EAD, but didn’t use it.

Now can I appeal for I-140 and get my 9th year extension?
What are the chances of getting my 9th year H1B extension?

What are my options now to retain my GC.

Could you please give me your valuable suggestions on this?

Thanks,
Naga

 

[nscagony]

Why do you file for a category you know you don't qualify for? You can try filing for MTR/appeal and then hope that your H1B extension goes through. Then withdraw appeal and file for new I-140 based on new LC. If you time it right you might be eligible for another H1B extension next year. Or if you are current file a new I-485. But in either case get a good attorney.