I-140 Denied

H

houstonian7

New Member
Dear guys,

I have a unique case here

1)My LC is pending in Michigan since 11/30/2001
2)My I-485 got approved and my finger printing is done too with VSC
3)Recently my I-140 got denied in VSC

Reason for Denial
My Lawyer filed I-140 against an approved LCA which was used for AOS by a person in India thru Consular process.

Now my H1B 6 years is expiring in Jan 2004

Is my H1B invalid? IS my I-485 invalid? Can i get AC21?

Please help me. I have a job till next year.

HELP ME

Rajesh
713-525-3460
 
Hi Rajesh,
I assume follg two things in your case

1. You have only filed I485 and it is not yet approved.
2. You have not yet used EAD so far

Under these assumptions, You can very well file for your 6th year extension of H1B since your LC has been pending for more than 1 year.
Most probably your i-485 too will be denied, since 485 is based on I-140 and in your case 140 has been denied.
Do you know the reasons for denial? If it was BCIS error, You can request BCIS to reopen your denied 140 case with the help of a good lawyer
 
I-485 is approved!

Dear Replier,

Sorry you did not mention your name. Anyway i have received EAD card. I got my Advance parole. Also i checked on the website everything is approved but I-140 is denied. Not only me but my lawyer is also surprised. Even i got my finger printing done. I am not sure what is happening.

I am not happy with my lawyer who didnt bother to check if the LCA was being used or no.


So you are sayng i can go for the 7th year extension?

Lets see. God help me!

Thanks
Rajesh
 
Hi houstonian7,
How did u get ur 485 approved before ur 140?
Do u mean to say u filed for 140 and 485 concurrently and 140 got denied?

If u have not used EAD and have been on Hi - u will have no problem in getting 7 th yr extension as ur LC has been pending for more than 1 yr.
 
houstonian7,

Based on the fact that you have a pending LC you are eligible for 7th year extension. However if you haven't maintained the H1 status ( and worked on EAD ) you may have to go out of country for stamrping.

As your case strange its causing confusion - can you give more details of your case like time line i.e when did you apply I-140 and I-1485 ? Did your I-140 approved first ( along with I-485) then later got denied based on the BCIS findings? When did your I-485 got approved and when is I-140 denied? this info is helpful for the people in the forum.

Thanks,
gcinfo
 
Re: I-485 is approved!

Originally posted by houstonian7
Dear Replier,

Sorry you did not mention your name. Anyway i have received EAD card. I got my Advance parole. Also i checked on the website everything is approved but I-140 is denied. Not only me but my lawyer is also surprised. Even i got my finger printing done. I am not sure what is happening.

I am not happy with my lawyer who didnt bother to check if the LCA was being used or no.


So you are sayng i can go for the 7th year extension?

Lets see. God help me!

Thanks
Rajesh
Click to expand...

Did your company change name? If so they would have filed for Amended 140 and old 140 would have been denied and I-485 would have been approved based on amended 140


PS:- What's there in name?

SB
 
Hi Rajesh,

1. Your I-140 was filed against an LC which was already used by another person.
So your I-140 was denied. I-140 is for issuing an immigrant visa. When that is
denied, subsequent processes like Adjustment Of Status(I-485) and EAD will be
revoked.

2. "My I-485 got approved and my finger printing is done too with VSC".
"my finger printing is done too with VSC" doesn't mean your I-485 has been
approved.

3. The mistake has been with your lawyer who filed I-140 and I-485 against
an already used LC. It seems somebody misguided you about the LC.

4. The best option will be to apply for 7th year H1B extension. You have
enough time about 6 months. Then wait for your Michigan Labour approval.
It may not be a bad idea to withdraw your I-485. Or you may simply keep
quite and allow BCIS to reject I-485.

5. You may contact a new lawyer.
 
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