I140 Denied After Approval - Need Very Urgent Help Suggestions...

H

hashok

Registered Users (C)
I have never came across this kind of scenario that happened to me...Please suggest what are my options...
Details about my case - My LCA started in Aug 2003...got approved.
Filed I140 at NSC (just 140 without 485) in EB2 in May 2004 - Got RFE for education equivalency( stating i have 3 yr degree and LCA require 4 yr deg. ) in Dec,04 1st week...My lawyer replied and asked to convert it to EB3 by Dec 2nd week.
Lawyer said, to be on safer side we should file another I140 in EB3 before EB3 category gets retrogressed in Jan 2005.
So filed another I140 in EB3 with concurrent 485 on Dec 28th 2004, so that I can get atleast get EAD based on pending 485.
Now I had two I140 applications.
Applied and was issued EAD in Mar 2005 based on pending 485(2nd application).
Also, NSC accepted our reply and my 1st 140 was converted to EB3 and approved in June 2005.
As my EAD was associated with 2nd 140 application, my lawyer didn't withdraw it and we waited for it's approval.
Thinking that everything is going smooth I changed employer based on EAD in April, 06 (after more than year of my I140 filling)..so lost my H1 status.

Heard nothing from NSC untill another 4 months...............after a year and half..i.e in June,06..I received a letter of Intent to Denial on my second I 140 and also Intent to Revoke on my 1st 140 (for the same reason that I have 3 yr deg and LCA require 4 yr education ). NSC STATED THAT THEY MISTAKENLY AMENDED AND APPROVED MY MY 1st I140 APPLICATION.

Got my education evaluation done from reputed evaluation firm ( have read a lot of this firm in different forums..and my lawyer also recommended it's name)... Paid $1500 for evaluation and my lawyer submitted the response.

But last week received the denials from NSC for both the I 140 application. Haven't yet received 485 denial but Lawyer said it must be on the way. So I have just few more days left of valid status.

Not sure what are my options now.
1. Can my previous employer appeal agains NSC decision even though I am not their employee any more?
2. Will appealing help me in maintaining my status?
3. Can I file I140 again at different center? Will that be of any help.
4.Is my labor certification still valid? How can I use it?
5.How long can I stay in US after my 485 is denied? Lawyer said stay should not exceed 3 mths....

OR what other options do I have other than going out of US for an year and then coming back on H1....

On top of it my spouse also lost her status as she was also working on EAD based on my GC process....man it's a torturous situation......

Please help and suggest ...I will have to take some action in next couple of days before I get my 485 denial.

Thanks a lot.....
 
hashok,

Please see a competent lawyer ASAP and don't waste a day in waiting for 10 different opinions from 10 different forum members.

Good luck!
 
Thanks for your suggestions.
Can I appeal the denial on my own or do my previous employer can do it on my behalf without my being their employer any more ?
 
hashok said:
Thanks for your suggestions.
Can I appeal the denial on my own or do my previous employer can do it on my behalf without my being their employer any more ?
Click to expand...
140 is employer's petition and employer has to appeal it. They can appeal even though you are not an employee currently, they can have a intention to hire you in future or once your GC gets approved.
 
Thanks all for your time and help ...

I have couple of months of recapture period left on my h1...
after filling H1 for that period, can I get 1 yr extension based on my original LCA ( LCA remains valid even after 140 denial ..right? )... or do I have to file the appeal against denial to get the extension.....?
 
Dear All.

Please do not divert the Forum thread. Thread Initiator is in Real trouble. S(he) Needs help. So remove un related posts.




pururwa said:
My lawyer is ok with the RFE, he asked me to do the below:
2A.) get course descriptions from my univ
2B.) to get a letter that clearly states part-time (20hrs/wk) employment.

This is a pretty big law firm, and I have to go through my HR every time I have a query, and that certainly irritates me, thats why I wanted to find out on my own if the univ part-time exp. can be counted towards acquired exp for I140.
Do you have any suggestions or pointers? Pls let me know what your point of view since you are the most knowledgeable person out here in these forums.
Thanks
Click to expand...
 
Thanks A0001 for your nice gesture. I had a busy day today..
Update is, I am trying to get my H1 filed for the time left on it. My current employer is looking into the possibility of getting me on H1 status.
Also, talking to my previous employer to see if they can file the appeal agains NSC's decision.
Need few clarification if anyone of you can help.
1. Will filling appeal will help me maintain my staus i.e will my EAD still be valid unless decision is made on the appeal?
2. After H1 is approved for the recapture period, will I be able to get the extension based on appeal? or will I be able to get the extension based on my LCA application? Got to get the extension as my recapture period is only 2 mths of time.

Thanks to you all for your time and help.
 
Apply H1 recapture: Calculate the H1 used days. If you use EAD when the h1b valid …calculate as H1b NOT used days.

Apply appeal…….Based on appeal receipt another H1B for one more year.

Other wise you have to wait for appeal receipt to file..It may the few more days in valid status

If you apply with old h1 b employer then you no need to worry about the H1 fees( 3rd extension onward there is H1 fee Excemption.)



hashok said:
Thanks A0001 for your nice gesture. I had a busy day today..
Update is, I am trying to get my H1 filed for the time left on it. My current employer is looking into the possibility of getting me on H1 status.
Also, talking to my previous employer to see if they can file the appeal agains NSC's decision.
Need few clarification if anyone of you can help.
1. Will filling appeal will help me maintain my staus i.e will my EAD still be valid unless decision is made on the appeal?

NO

2. After H1 is approved for the recapture period, will I be able to get the extension based on appeal? or will I be able to get the extension based on my LCA application? Got to get the extension as my recapture period is only 2 mths of time.

Based on Appeal



Thanks to you all for your time and help.
Click to expand...
 
I removed my postings as you suggested

A0001 said:
Dear All.

Please do not divert the Forum thread. Thread Initiator is in Real trouble. S(he) Needs help. So remove un related posts.
Click to expand...
sorry to have posted on this thread.
I just wanted to communicate with UN, I saw him on this forum, hence posted my note.
Ashok, I wish I could help you, but I am not that knowledgeable in your case. Good luck to you. hopw you get your thing resolved soon.
 
Hashok,

You are on the right track. Work on UN and A0001's advice.

Once again, this case should resonate UN's advice on mainitaining H1 status all the way to the end (atleast as far as possible). EAD is not a greencard.

Maintain H1 status no matter what. In case of unprecidented denials in any stage of GC process, an appeal could keep legal status alive(extend h1) and could buy time to start the process again. Things get complicated to get back on track with non-immigrant status once they loose it.
 
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