Missed the deadline!

P

plkl

New Member
Guy's,

My lawyer just filed the I-140 on Aug 22nd. I completed 6yrs on H1-B by June 23, 2007. She said that since the filing of I-140 is delayed, if I apply for both I-140 & 1-485, I risk the rejection of both, if I-140 is not approved. 1)Is there another golden opportunity in the near future?
2)What are my chances of approval of I-140 now??

PLease help
 
First off you should be admonished for being lazy and letting the H1-B run out of the 6 years.

Try the following:
1. If you spent any amount of time outside the country during your 6 year H1 period, try to reclaim that time. The In/Out stamps on your passport should help document your out of the country time.

2. I remember reading somewhere that an approved I140 or I140 pending for more than 1 year are not the only reasons one can request H1 extensions beyong the 6th year. I will try to look it up and post it if I find it.

Talk to your lawyer.
If you don't have any option of remaining in the US legally, take a long vacation outside the US. And comeback after a 1 year hiatus.

(You may already be accruing illegal presence in the country.)
 
plkl said:
Guy's,

My lawyer just filed the I-140 on Aug 22nd. I completed 6yrs on H1-B by June 23, 2007. She said that since the filing of I-140 is delayed, if I apply for both I-140 & 1-485, I risk the rejection of both, if I-140 is not approved. 1)Is there another golden opportunity in the near future?
2)What are my chances of approval of I-140 now??

PLease help
Click to expand...

Ignorance is not bliss, my friend. Take an immigration attorney's help to salvage ...
 
Chances for i-140 approval and filing AOS

1. If your H1B expired on Jun 23rd, 07 then your company should have taken initiatives to file extension for 7th year at least 3 months prior to the expiration of your H1B since it is a company's responsibility.

You also should have reminded your HR/Reporting Manager,etc.

2. You should have filed i-140/485 concurrently which most of the people have done realising the long long wait. Why do you wait for i-140 approval to file i-145. To save some money out of i-485,EAD and i-131?. If so then it is entirely wrong decision. Your lawer/company should have advised you to file both rather than waiting for several more years to file AOS.

You have been here for 6 years and you should have enquired this with your friends and people in this forum are so helpful to reply anyone's query spending their precious time.

I would say you/your company/attorney need to be educated.

This is my view of looking at your problem. I hope you will take this very positive. Send me your thoughts and any queries to me thru private msg and i would be very happy to answer.

Good Luck.

Thanks,
Raj







plkl said:
Guy's,

My lawyer just filed the I-140 on Aug 22nd. I completed 6yrs on H1-B by June 23, 2007. She said that since the filing of I-140 is delayed, if I apply for both I-140 & 1-485, I risk the rejection of both, if I-140 is not approved. 1)Is there another golden opportunity in the near future?
2)What are my chances of approval of I-140 now??

PLease help
Click to expand...
 
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