I140 Denial effect on H1B time recapture

kamega

New Member
I have two months left on my H1B visa and I am planning to recapture an additional six months of time I was outside the US. My employer also had filed for my PERM which was approved in April and subsequently filed for I140. We have now received a Notice of Intent to Deny, as the USCIS feels that I have familial relationship with my company's Director with whom I share my last name and also due to ability to pay as the company only has 3 employees. If despite appeal, my I140 is rejected, will this jeopardize my H1B extension of status petition too. Also, if I am traveling overseas, can I run into problems at the immigration if my case has been flagged?
 
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