I140 Pending - Employer denying for 7th yr Ext

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gc_illusion

Registered Users (C)
Case details:
EB3 RIR Concurrent Filing
My I140 and 485 is pending.
I140 filed on 7th October 2003 and 485 filed on 6th December.
Got FP notice for 21st May 2004
EAD and AP approved on January 2003

I am still on H1B, but my 6th year is completing on first week of September 2004. When I am telling to my company to file my 7th year extension, my company is saying - “Sorry to say that we are not filing any 7th year extension without any reason. There should be some strong base”

Not sure how much strong reason my company is looking for. I told repeatedly that I don’t want to use EAD, they said, there won’t be any problem using EAD though my I140 is not yet cleared. Looks like my company is forcing me to use my EAD..why? And they are repeatedly telling me that there won’t be any problem with your I140.

When I asked, if I will face problem with my I140 after using EAD then they said, we will file your extension at that time. Is this possible..? Let’s say my I140 got denied end of this year or mid/end of next year, then my 485 will also get denied automatically because it is Concurrent Filing. Now is it possible to file 7th year extension at that time….?

Not sure what to do. Should I force my company to file 7th year extension or I will start using EAD after September 2004.

Please post your comments.

Thanks
 
If you're single, tell them you intend to get married in the next year to a foreign national. That's usually a slam-dunk. :p

There should be no questions after that... :D

Keep in mind that you cannot 'extend' your H1 status once you loose it.
 
Is the problem more to do with money than anything else ? Tell them u r willing to bear the cost of the extension and lawyer fees, and see if they consider this as a "strong reason". Because you should avoid using EAD until I-140 is approved.
 
search for some article...

Here is what you should do....

Go to murthy chat and ask specific questions like :

What happens if u start using EAD and 140 or 485 is denied for any reason ? Can you continue back on H1 immediately or will it be a new h1 and you will have to wait for approval before starting work ?

I am sure murthy will tell you to be on H1 since after using EAD, if 140 is denied, you will be out of status and will have to apply new H1 from ur. home country.

Now take a printout of the question answer, sit with ur. Manager and explain him the pitfalls of using EAD without even 140 approved. Also show him the USCIS memo about less RFEs more denials. I hope he will be convinced that you are better off on H1 for business reasons also. Once ur. manager is convinced, use that as a tool to convince ur. immigration department.


Also search some forums and come up with questions that warn people from using EAD instead of H1. That also should be good to convince ur. manager.

will_get_there
 
Thanks will_get_there & sertra2002.

It sounds like a problem with money, but that’s may be my last option. I am sure they will agree if I will ready to bear all expenses. Between, I will try to gather all required document as "will_get_there" said.

But, do u guys see any other reason, why a desi company denies for 7th yr extension..?
I have a kind of good relation with the company manager,.. Been with company more than 18 months,…. On a project right now… and Company is earning good money out of me...is there any other specific issue...?


Thanks anyway..
 
In a desi company, the strong reason would be none other than money. Wait for some more time (till mid-july) and then if I140 is not cleared till then, tell them that you will bear all the expenses. I think 2 months should be enough to get H1b extension.

Just one question. You said ur wife works on EAD? For some reason if I140 is rejected, what will happen to her status? Can she be on H4? Iam also in a similar situation. If anyone has any idea on this please post it.

Thanks
 
If your wife using EAD and I-140 is denied, she will be out of status. Not a big deal.
She may need to leave country. Get H4 stamped again and com back
R
 
If a valid H4 visa is stamped on the passport and goes out of status (I140 denied) then she donot even need to go out of the country. right??
 
Actually, when she started using her EAD, at that time, I did not even think about this situation. Don’t know why...I think I should have thought abt this situation...shame on me...anyway, lets see how it goes, worst case. I have to do the same thing what "rljh" had mentioned.

Wish us guys...we really need your good wishes.

Quick question: Can anybody tell me, what is the total approx. cost to apply 7th year extension? I know it varies from Lawyer to lawyer, but I am just looking for the average..

Thanks
 
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