Is this possible....

K

kv2002

Registered Users (C)
Hello all,

Is the following scenario possible??????

For a person whose H1 expired on Feb 2004 and his/her 7th year is pending with INS since November,
Can that person use a sub-LC to file I-140 & I-485 and stay legally and forget about 7th year?????

The point is can the person file I-485 while waiting on a extension after I-94's expiry???? (to work any he/she needs EAD)

Is this possible....
 
kv2002 said:
Hello all,

Is the following scenario possible??????

For a person whose H1 expired on Feb 2004 and his/her 7th year is pending with INS since November,
---- you are in on H1 status as you filed 7th year H1 before your I-94 expiry date
Can that person use a sub-LC to file I-140 & I-485 and stay legally and forget about 7th year?????
------ why foget about 7th year H1? if it gets approved you are on H1 status AND at the same time file sub-LC to file I-140 & I-485 , EAD AP, one can be on 7th year H1 and can have also AOS filed it is LEGAL
The point is can the person file I-485 while waiting on a extension after I-94's expiry????
--- YES, file I-485 with 7th year H1extension filing reciept that you got from USCIS also file EAD and AP with I-485
(to work any he/she needs EAD)
----- you have filed 7th year H1 and reciept of filing is enough for your H1 status, try to be on H1 status becase if any problem with I-140 or I-485 then you will have H1 status to work and stay in US, till the time I-485 is pending you can keep on extending H1 for 7th year, 8th year, if you get EAD dont use EAD it will invalidate H1 status. you must wait to use EAD till your I-140 is not approved.
Is this possible....
Click to expand...
 
Is this true...

Hi everyone,

My 7th year extension got denied even before the 240 days after my H1B expiration reached. (My last I-94 was valid only till Oct 2003). I don't think now appeal is an option... So basically I have no status for the past few days. But I am ready with everything to file my I140 & I485 soon. Is it possible to file I485 when I have no status????? Lawyer says it is possible in many circumstances????

Please advice me on this complicated case.

Thanks in advance.
 
kv2002 said:
Hi everyone,

My 7th year extension got denied even before the 240 days after my H1B expiration reached. (My last I-94 was valid only till Oct 2003). I don't think now appeal is an option... So basically I have no status for the past few days. But I am ready with everything to file my I140 & I485 soon. Is it possible to file I485 when I have no status????? Lawyer says it is possible in many circumstances????
------- lawyer is correct , if your LC was filed before april 31 ,2001 you are eligible for 245(i) if you are out of status less than 6 months then 245(k)


**** what is the reason for 7th year extension denial?????????
Please advice me on this complicated case.

Thanks in advance.
Click to expand...
 
LC receipt is the reason for denial

Thanks Ginnu. 245K is what my lawyer told me as you.

Could you answer the following for me Ginnu...

The denial is due to the lack of DOL's receipt notice. The LC in question was for my previous employer (who went out of business) and that LC had a query during 05/2003, which was never answered. So I assume, that LC was then denied as per the LC's query condition. So I couldn't provide any LC receipt from DOL along with my H1 7th application.

INS first issued a RFE (asked the DOL's receipt) for H1 7th application and after seeing our answer (previous LC lawyer's affidavit was sent as proof) INS now stright denied it. The reason is not enough evidence to prove LC's priority date.

My current employer's lawyer is trying to go back to INS with DOL's receipt now. Is it possible to get the decision reversed by any chance????... Can we do anything for that H1B.

We are in the process of filing my I140/485....

Could you advice me on this issue Ginnu...

(I remember, you insisted me to get the LC receipt to attach with 7th H1 application. I tried, lawyers never cared, and now I am in deep trouble).
 
Last edited by a moderator:
kv2002 said:
Thanks Ginnu. 245K is what my lawyer told me as you.

Could you answer the following for me Ginnu...

The denial is due to the lack of DOL's receipt notice. The LC in question was for my previous employer (who went out of business) and that LC had a query during 05/2003, which was never answered. So I assume, that LC was then denied as per the LC's query condition. So I couldn't provide any LC receipt from DOL along with my H1 7th application.
------ in that situation H1 was supposed to be denied, but if you could have provided LC filing reciept as evidence of LC filing ( that lawyer gets from SWA or SESA after LC filing) then you had good chance of 7th year H1 extension becase USCIS dont check with DOL if the LC is revoked



INS first issued a RFE (asked the DOL's receipt) for H1 7th application and after seeing our answer (previous LC lawyer's affidavit was sent as proof) INS now stright denied it. The reason is not enough evidence to prove LC's priority date.
------you needed the reciept of LC filing from SWA or SESA
My current employer's lawyer is trying to go back to INS with DOL's receipt now. Is it possible to get the decision reversed by any chance????... Can we do anything for that H1B.
------ if you have the LC filing reciept as evidence then good chance pf 7th year H1 extension approval
We are in the process of filing my I140/485....
*** once you file the 7th year H1 extension you will get 7th ext filing reciept and with that reciept file I-140 I-485, EAD AP
** if you have still your H1 valid file I-140 I-485 and once get I-140 or I-485 filing reciept then file 7th year H1 based on I-485 pending

Could you advice me on this issue Ginnu...

(I remember, you insisted me to get the LC receipt to attach with 7th H1 application. I tried, lawyers never cared, and now I am in deep trouble)
----- why deal with such layers who dont know the basic of 7th year H1 ext filing???
.
Click to expand...
 
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