I-485/I-140 denied...Need Help Urgently gurus

Rohila

Registered Users (C)
Hello Guys,

I need urgent help please.
I am on 11th year of my H-19b). Extending my yearly H-1(b) based on my pending GC process in September of each year.
I am on EB3 Nebraska, PD 07/2003 .
Labor, AP, EAD approved.

I received an RFE on my I-140 8th prior with following:
Employers inablity to pay in 2003-2004,
My Education , required degree copy (i have a 4 year US degree),
My pay stubs for 2007,
My last 3 years W2s
All previous job letters...

Responded on August 2007 with all evidences.
After 6 month yestaerday, received an email from USCUS that my I-140, I-485 for me and my wife were denied.
Not received the reason for denial yet.

Today i am writing this in order to understand my available options and strategy to take in next 6 months. I have six months left on H-1(b)

My questions are:

1)What is the difference between Appeal and MTR.

2)If I decided to appeal and also file a MTR concurrently as early as possible within 30 days from the date of rejection how long it takes to get a decision on each one.

3)What would be the status of my I-140 and I-485 after Appeal and MTR. Would they be on pending status again.

4)How long the MTR decison takes?

5)How long the decison on Appeal takes?

6)If appeal/MTR gets denied, can i apply for a Green card petion again?

7)If one I-485 petition rejects, after how many days can I apply for a Green card again.

8)Is there any time bar for filing again for leaving country USA( or cannot come back, after I-140 or I-485 rejection.

9)Second option in my opinion is File a MTR & appeal concurrently and also start processing a totally new EB2 GC process from my same company on EB2 (as i am working there for more than 5 years)
I don't know how this would work.

10)Can i file a differnt GC process for same company while one is under appeal ?

11)third option is forget about appeal and MTR and file a totally new EB2 GC process with my current company by filing a new Labor petition first.
In order to-do this Advertisement and filing for EB2 would take 60-90 days.
After filing the average processing days for PERM in Atlanta is 120 days minimum.If it approves, then i need to apply for I-140/I-485, EAD and AP.
EAD will take atlease 30-90 days. Most probably, i would get EAD (if every thing goes smoothly) around November, December 2008.
But my H-1 will expire on September 9th 2008.
It could be a problem.

12)At this moment i am able to work till September 9th 2008 on current H-1(b) approval. If we file a MTR/Appeal we will get a receipt. My H1 get approved based on the pending I140 decision.
I think we can apply for an H-1(b) extension atleast six month prior to expiration date. In my case, we can file a one year H-1(b) extension on March 9th 2008, on the bases of appeal/MTR and expedite by paying
premium processing fee, most probaly would get a next year extension before they will take a decision in 3-4 week to open my case.

13)What are the chances of getting a H-1(b) extension on premium processing once we received a recipt.
 
Appeals take a very long time (1 year +) and almost always get denied.

While your appeal is pending you can't file another I-140 or I-485.

Your best option is to start a fresh I-140 as soon as possible.
 
If he doesn't appeal, he will have no base to stay in US after September 2008.
So, yes, you better file for that appeal.
 
hire good attorney ASAP

You are in dire straits bud.. hire a good attorney like Murthy or Khanna and consult them ASAP.
 
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