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.
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.