I140 & Motion to Reopen are denied

P

phxhyd

Registered Users (C)
My I-140 denied on account of education & ability to pay under EB2. We filed Motion to reopen and that is also denied yesterday (took 3 months). My H1 (6yrs) is valid until APR09. I filed a new PERM in this month with another employer under EB3. We should be having an option to appeal. Any one has any idea how long that the appeal would take? I heard that the labor certifications are also taking longer then a year. Should I get H1 extension based on pending appeal? If I can buy a year then probably with the new PERM I can extend further right? What options do I have? Please advice!
 
Yes, you can definitely file an Appeal at AAO which takes at least 15-18 months to resolve based on which you may get an extension of H1B.

Secondly, in the subsequent years once your New PERM filing exceeds 365 days, you may get extension on the basis of pending PERM.

I am not an Attorney but this is the best possible option you have, I feel so.
 
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