I140 denial impact on H1B time recapture

[kamega]

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?

 

[manwithnoname]

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?

If you appeal the case, you will still be able to extend the H-1B. However, this will simply buy you time. Appealing does not help unless the denial circumstances changes.