I-140 pending, 6th year H-1B expiring

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windstopper

New Member
I filed my I-140/I-485 concurrently in Aug 2008. In September 2008, I received my EAD and AP card.
However my I-140 got denied on Dec 15 2008 based on Ability to Pay. We refiled I-140/I-485 concurrently, which USCIS received on Dec 30th 2008. My 6th year H1-B expires on Jan 15 2009. I have a few questions:

1) How long will it take to process my refiled I-140? Can I use premium processing for the I-140 refile without the original Labor Certificate?
2) If I do not receive my I-140 approval by Jan 15, do I have to leave the country immediately? Is there a grace period I can continue to stay without incurring any penalty?
3) Can I continue to work after Jan 15 2009? If I work, will I be considered working illegally?
4) Can I extend my current H-1B?

Thanks in advance.
 
How would refiling I-140 would overcome the problem of ability to pay. Are you going to provide new evidence which got missed out when you initially filed I-140. If you have 60 or less days remaining in your h1b yes you can send in request for I-140 premium processing by filing form I-907 along with $1,000.00 fees
 
whitemimauz3 said:
How would refiling I-140 would overcome the problem of ability to pay. Are you going to provide new evidence which got missed out when you initially filed I-140. If you have 60 or less days remaining in your h1b yes you can send in request for I-140 premium processing by filing form I-907 along with $1,000.00 fees
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Yes I refiled with aditional evidence and requested premium processing. My lawyer advised that it would be faster than appealing as my H1B is expiring very soon. But I still need to find out the answers to these question urgently.
1) Can I use premium processing for the I-140 refile without the original Labor Certificate?
2) If I do not receive my I-140 approval by Jan 15, do I have to leave the country immediately? Is there a grace period I can continue to stay without incurring any penalty?
3) Can I continue to work after Jan 15 2009? If I work, will I be considered working illegally?
4) Can I extend my current H-1B?
 
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