I140 denial..left over options

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chinj

Registered Users (C)
FOlks,

After a long wait(4months) of answering RFE my I140 was denied with reasons about company's financial status. Company is really doing to good with more than 80 consultants with 300kprofit and many got I140 approvals. My case was not taken properly.

1) I already got EAD, FP'ed. Just before this denial I went to India and while coming back I used AP as suggested by Lawyer even though I have a valid H1 visa. After this denial is this H1 visa still holds good?

2) Now I have an option of reapplying with a sub-labor. Is it advisable?

3) Is there anyway we can challenge the case as we have all facts documented?

plz advice me on the above points
 
After a long wait(4months) of answering RFE my I140 was denied with reasons about company's financial status. Company is really doing to good with more than 80 consultants with 300kprofit and many got I140 approvals. My case was not taken properly.

1) I already got EAD, FP'ed. Just before this denial I went to India and while coming back I used AP as suggested by Lawyer even though I have a valid H1 visa. After this denial is this H1 visa still holds good?
---------If it is not expired, your H1 is still valid. Just by using AP, H1 status is not cancelled. It is lost only by using EAD.

2) Now I have an option of reapplying with a sub-labor. Is it advisable?
--------If you are confident that compnay financials are good, you can do this. But make sure you get a good lawyer, who presents your case well.

3) Is there anyway we can challenge the case as we have all facts documented?
----Yes you can challange. The chance of approval is slim, but if the officer made a geniune mistake in denying the case, you can try. It agin will depend on the skilss of your lawyer. I have seen people appealing denials successfully.
 
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Thanks

Thanks for your valuable comments. I was panic with question1 it relieved my pressure
 
If you have entered on AP usually officer at POE will put one year on I-94. So you may need to new I-94 before the expiry. The expiry date on I-94 decides the status. It is better to cross the border and come with new I-94 again ASAP.
 
Tammy,

Does it mean that my H1 visa is still valid and I can travel out and come back on H1 status. Please clarify
 
Check the validity date on stamping. If it is still valid and you have not changed the employer using EAD you should be able to come back to H1 by crossing the Border.
 
Chinj,

Would you mind telling us what industry are you in - IT, Finance, etc? It seems to me that they are coming down hard on the IT industry.

Word of advice: get a lawyer who is reachable. Most lawyers don't give a damn after they have applied for you. If your case is strong, I think you have a chance.

Good luck!
 
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