I 140 Denied

W

Walnut_creek

Registered Users (C)
My employer filed I140/485 together last year (used approved labor , LC) got RFE for both I140 and 485 last month they asked for W2 for last 3 years, birth certificate, experience letter, and employers financial strength. We answered the query for I140 and yet to answer for 485(was waiting for the latest W2)
The approved labor I used was dated September 1997 and I passed my bachelor degree same year.
Yesterday my I140 was denied stating that I need to show at least 2 years of experience prior to labor filing date.
In March 15th I will be completing my 6 years of H1B.
I got my EAD which will expire in July.
Now what should I do?
a)Should I appeal for reconsidering my case?
b)Can I still file for H1B extension?
c)Can I work as long as my EAD expires?
d)If I get another approved labor can I file I140 again?
Thanks for your support!
 
USCIS is right, you should have 2 years progressive experience gained before 1997 to be eligible for the LC; your lawyer should have checked all these things before filing substituition. May be your employer is cheating you; get another labor and follow the unitednations advice.
 
I-140 Denied ---Urgent

Thanks for the advices. I still have one question what I my appeal is reject will I still get the H1B extension.
What will be the case if my appeal is reject after I received my H1B extension.
 
Wow, there is wealt of info here.... Here;s my dilemma :-

1. I've exhausted my 6 years and am on AOS/EAD.

2. I just got laid off :)

3. There is RFE in my spouse's 140 petition.

4. If my spouse's I-140 gets rejected , I think I've 1 option, let me know if I've more options.

Option 1 :- Right now I should find some company who will sponsor my h1b "extension/new/whatever" to recapture the 2 months that I spent outside of USA while on H-1b. h1b will be regular processing so no hurry to find a project. This "should" make me legal if 140 is rejected. I am assuming that filing for new/extension/etc h1b with WAC number should make me legal in USA, though I may not be able to work and thats fine. This will allow us to appeal 140 decision and see what happens.

Question :- Is my option 1 fool-proof wrt my stay in USA after my spouse's 140 is rejected ? My spouse is fine as she is on H1b.

Question 2 :- Does someone have bette idea or more ideas to improve my legal health ?

Thank you for your time,
Pachya
 
Thanks UN! You are always helpful to us!

I plan to file a regular h1 so it takes itsown sweet time and I get time to do substitute labor etc or my spouse can do it or we can appeal 140 decision, or we can pack bags and go home !

I suggest you should open your law firm! You are way better than other qualified attornies. VSC has acknowledged receipt of RFE response, lets see how it goes.

Thanks a lot.

Pachya
 
You must log in or register to reply here.
Top