I-140 Denied. Need Info!!

[eshrana]

Hi,

I applied for I-140 thru Premium Processing(EB3). Got a RFE for Degree Certificate, Transcripts & few more things.

Upon submition of documents, they denied I-140 stating that Degree Certificate was not submitted. My lawyer says he submitted it.

We appealed against the verdict as I have a Master's Degree+Education Evaluation & can prove it. My case(appeal) has moved to Washington.

All the above events happened after 3rd week of Dec' 06.

Issue: My current H1Bvisa expires in April '07. and cannot apply for the yearly extension due to the denial.

Questions:

1. Will my appeal get processed before my H1B expires?
2. My lawyer say's we should file for another I-140 (premium processing) mentioning what happened. This way we will get the answer in 2 weeks. Does anybody think this will help or will it further screwup the situation?

I appreciate any feedback.

 

[skylimit]

With the I-140 appeal in pending, based on that you can extend your H1B. For extending your H1B it's enough if the I-140 appeal is still in pending.

 

[BobbyZee]

I think filing a new 140 on top of the one in appeal would screw up the situation. I think deal with the appeal and then go accordingly after that. But am not sure what timeframe they would take in Washington....Ya know they dont much...other than attending dinners!! hehe

 

[eshrana]

Well after few more screwups, I am back on track.

My I-140 (regular) was accepted and now can apply for H1B extension.

Found out the hard way and few sleepless nights that filing I-140 (premium) was not a good idea after the first I-140 was denied.

 

[manwithnoname]

Well after few more screwups, I am back on track.

My I-140 (regular) was accepted and now can apply for H1B extension.

Found out the hard way and few sleepless nights that filing I-140 (premium) was not a good idea after the first I-140 was denied.

That's good.

Can you elaborate more on why it is not a good idea to re-file I-140 in PP after denial?

Thanks