I-140 denied and PERM/H1 extension..

G

GC2005@NSC

Registered Users (C)
I-140 was denied because of 3yr degree. We filed the appeal in Mid-October 2005. The case is still at NSC.
I am on 7th year H1B extension and valid until September 2006.
I can extend the 8th yr H1 based on pending appeal, so that I’ll get extension until September 2007.

My company is planning to Apply PERM labor soon (within 1 to 2 months).

Is it possible to extend 9th yr H1B based on approved PERM/I-140(perm labor)?

My attorney is saying ‘NO’ and her explanation is
“The law allows for extensions of H-1B status beyond the 6-year limit if a labor certification application or I-140 was filed more than 365 days prior to 6-year maximum date”

I was an impression that H1B can be extended based on pending/Approval Labor/I-140 if the petition is applied more than 365 days before the current H1B expire. Irrespective of number of years on H1B.

I really appreciate your input.

Thank you.
 
your attorney is right...it has to be 365 days old but also this date has to be before your 6th year H1B kicked in....so the PD of labor should have been on or before the expiry of your 5th year of H1B....to get the H1B extension.
 
GC2005@NSC said:
I-140 was denied because of 3yr degree. We filed the appeal in Mid-October 2005. The case is still at NSC.
I am on 7th year H1B extension and valid until September 2006.
I can extend the 8th yr H1 based on pending appeal, so that I’ll get extension until September 2007.
Click to expand...


You got some problems. Now if your appeal is rejected -- then Ur H1b expires imdly. You then have 180 days to leave the country or else the plenty will kick in ... You do not want this to happen. Best thing then will be leave the country for one year...

Now if they accept UR appeal and approve the 140 voila -- U can extend beyound until U get the 485.

What I would do if I was U :
Apply for PERM labor IMDLY.
Say U have the date of 1/10/2006 for PERM labor.
Say they reject UR earlier appeal in 6/10/2006. [ remember Ur H1b is no more valid after the rejection comes in]

Well then U have 180 days of stay out here --- U can work till 180 days n no plenty will kick in.

On 1/10/2007 you can apply for h1b extension on the new PERM labor.

Well for this to happen every thing should fall in a very timely way ...

Good luck with the appeal .. wish that goes out OK.
 
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Thanks for input..

Thanks for gctarget06 and ebhola.
ebhola,
I can not use PERM to extend H1B according to my attorney and gctarget06,
because I am filing PERM after 6yrs on original H1B. 365 days rule does not work here.

Thanks.
 
GC2005,
The other way out is to find a company having a labor pending in BEC having a PD before your 6th year H1B kicked in....take an extension based on this pending labor and do an H1 transfer and start working for this company...meanwhile ask them to immediately file your Labor through PERM..once your Labor and I140 is approved,you can get a 3yr extn. based on this....otherwise leave US and come back after a year....Just a thought....
 
I-140 Denied

Hey All,

I have 3 years of Bachlors degree and 5years of experiance.
My labor got approved in perm and i applied for I-140 in EB2 and got denied.The explanation they give is i should have straight 4years of Forgien baccalaureate degree.

So my question is does they count 5years experiance or not?.
And i want to Re-appeal by asking them about this, does this help atall or it is just waste of money & time.

Any input would be appreciated.

guddi.......
 
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re: I-140 denied

There are lots of posts on this forum from individuals in a similar situation. You have some options like:

1. Getting your 3 year degree evaluated to 4 year US Bachelors equivalent and filing a new I-140 in EB2 using the PERM approved Labour.

2. Getting your 3 year degree evaluated to 4 year US Bachelors equivalent and filing a new I-140 in EB3 using the PERM approved Labour.

You should consult with your attorney about the above options. You can also search for "3 year degree" on this website to learn about people with similar experiences
 
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