I-140 & I-485 denied. Need Help

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prasad_g8161

Registered Users (C)
My I140&I485 under EB2 has been denied and waiting for denial notices.

I'm really worried about my Visa and GC. I know that nothing can be done until I receive denial decision notices from USCIS. In the mean time, I would like to know the available options based on my situation.

• My current H1-B expires in 05/2008 (7th year extension).
• EB-2 Labor applied 03/2005 and approved 06/2007.
• I-140, I-485, EAD & AP applied in 07/2007. EAD & AP were approved. But, not used.
• Because of consolidation of departments in our company, Our IT was merged into other department. My Lawyer was about to file I-140 amendment for company name change.
• Applied for 8th year extension with new company name based on pending GC in 03/2008. Still, H1-B extension petition is in pending status.
• I-140 & I-485 applications for GC were denied on 04/11/2008.

Questions:

1. Since the 8th year H1-B extension was applied based on pending GC, What are the chances of getting approved?
2. Will I become out-of-status after 05/2008? Should I leave US immediately (OR) Is there any grace period?
3. What are the options available to continue my GC processing (MTR / Appeal / ??)?
4. If my I140 & I485 are denied because of not filing amendment for company name change, what should I do?

I really appreciate your help.
 
1. If it is a NOID then it can still be approved, if it is a denial then i guess it will be denied because there is on underlying basis for the H1 extension.

2. I believe out of status from the last date of your H-1 unless the H-1 extension is still going at that time in which case you would be leagal under that.

3. Depending on denial MTR or appeal, need to see what the denial is first.

4. Either start again, or determine if you can use the existing labour to file another one (if there is an underlying labour and you are not an NIW without a labour cert). If labour is more than 180 days since which it is by the looks of it, then you might have to start the process again, but if the H-1 is denied then you would have to start it from outside the USA.
 
Re: I-140 & I-485 denied. Need Help

Hi Prasad,
Check the reason for denial and based on that you carefully file MTR/Appeal (I-290B) within the time they had given. It'll take anywhere b/w 1 to 2 years to get the decision from AAO. This will leave you with enough time to think and do ur next steps. You can get H1 extensions based on pending MTR/Appeal.
 
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