I140 denial and H1B extension

T

tiptop123

Registered Users (C)
Hi,

I will explain my situation below.

My I140 got denied on 10' March 2004. The reason is education equivalency. (3 year degree and 3 years experience not acceptable towards US equivalency).

My 6 year on H1B expires in June '2004. I already got my h1B extension (7th year) which is valid upto June, 2005. This extension was obtained when my I140 was pending at USCIS, Nebraska.

Now my I 140 has been denied, Is my H1B extension still valid?

Does anybody have more information or can confirm?

I appreciate all the help and thanks in advance.
 
Sorry to hear about your denial.

Yes, your H1B is valid till June 2005. That's what I heard. If your 7th year extension is not valid, if I-140 denied that what is the use of going for 7th year extension????
 
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Thanks Nanshi.

I just wanted to confirm. Also I am going to try the corection to the approved LC. It was mentioned by Lcauser in one of the thread.

Ms.Murthy has been able to obtain such correction in many cases though they are extremely difficult to obtain. Also I am going to talk to my employer to start from the labor process again. (Assuming the H1B validity till June'2005)

Thanks once again.
 
tiptop123,

Sorry to hear about your I-140 denial. Please keep us posted on ammending (corrections) your approved labor cert.

Thanks.
 
Nanshi/ tiptop123


Going to new labor ???? then there is question on 7 th year status?

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Also I am going to talk to my employer to start from the labor process again. (Assuming the H1B validity till June'2005)
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You mean that, Department of Labor will reject the labor certification application if it is filed when we are in the 7th year extension.

Please confirm. (Does any one you know have similar experience?)

Thank you,
 
Labor

you may have following solutions as per my knowledge:

1)You can file new labor. That is not a issue with DOL.
But you have to get Labor approved with in 7th year of H1b. then you could file 485 before 7th year. then it's ok.

2)other wise you have to go Labor sustitute 140/485 before ending 7th year.
 
Don’t get panic, you have some solutions to over come this situation. Talk to employer/atrny.

Try to get some ideas from Nanshi/Robcop also. i believe nanshi has more knowledge in this forums.

There are no definitions from ins to go for 8 th year extension with other labor. So you can go 8th also.
 
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