If 140 is denied what happens to H1 status ....

H

hydi

Registered Users (C)
All, I have seen some posting relating to either 140 denial or "written decision is mailed". Usually. I think 140 could be denied if an applicant won\'t meet the minimum job requirements. With the preceeding foretext, can you all pundits tell us what will happen to H1 status of those applicant whose I-140 is denied. Is H1 terminated automatically, \'cause if 140 is declined may imply that applicant is not eligible for the job at the first place.

thx
hydi
 
Nothing happens to the H-1

It stays valid unless INS cancels it. I\'ve never seen INS do this and the only way that I think an H-1 cancellation would be a realistic possibilty would be if fraud was discovered in the educational documents.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
What happens in case of 7th year H1?

If the H1 was obtained based on pending I140 (7th year extension), and the I140 gets denied, then does the H1 automatically get cancelled? Or can one still work legally until the H1 expiration date?

Thanks.
 
Good question, maybe we\'ll know the answer when INS creates implementing regulations for AC21.

Until then, your guess is as good as mine. I could argue it either way.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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