Motion to Reopen/Reconsider for H1 - Anyone?

K

kv2002

Registered Users (C)
Friends,

Sorry to post this H1B related question in this thread, but I desparatly tried to findout an answer for my misery in H1B threads and had no luck. I am hoping at least one of you know about this process. Here is my case history...

Applied for 7th year H1B (without DOL's receipt) in Jul 03, Received a RFE for that in Oct 03, Lawyer replied RFE in Nov 03 and in JUNE 04 my H1B was denied and that made go into "out of status". In July 04 we gathered all the needed documents (DOL receipt) and filed a Motion to reopen and I-290B with VSC.

So far nothing has happend on my case after the denial. No signs of any activity on my case's LUD due to MTR. It still shows the date around the denial. We have not received any Receipt for I290B also!!!

Why is this guys?. How long does it take for them to review a previously worked/half done case?

What should I expect and when?

I would really appriciate any input you all can contribute. Thanks!!! :D
 
H1b

Since your H1B is denied ,
1) are u out of status ??
2) are u working using EAD ?
3) If u don't have EAD, When the H1B is denied , when it has been appealed
can you work ??


I do greatly appreciate if you can respond to my questions. Because , one of my friend got h1b denied due to screw up of his company. He is going to file MOTION TO RECONSIDER .
 
my case is very complicated///

I was packing bags to go back home after my H1 was denied, then the news of my LC state approval came and in a month Federal approval also. So I applied for 140/485 after being out of status for around 80 days. Within 20 days I received my EAD and started working since then....So, for now, I have something to work and stay here...But I am not sure how it is going to go once they touch my 140/485 application. I hope my MTR comes good before anything.

Planning to use to 245 (K) for I485 since I was out of status when I applied for 485.

Explain if you know about this...My I94 ended on Oct 2003. Since I had applied for extension before I94 expiry, I had been working with the 240 days granted status till June 04 which is when H1 was denied and I stopped working... Do any of you know, since when I would have started accumulating my out of status days... I have been told many versions... Please anyone... Shed some light...Is it from the day my I-94 expired or Since the day my H1 was denied...If it is the earlier one I am screwed for SURE....cause it is more than 180 days to use 245K.

So, still no answers for my actual MTR question... (this is what I have been doing, I ask a question and people ask me back another question about my case and I end up ansewring others question in my same question thread......I am not complaining, but a little bit of whinning for sure)....As long as my answer helps someone, I am fine....
 
unitednations said:
MTR - this is a little difficult to answer for h-1. My understanding is that h-1 is not an appealable decision. The only way this can be opened is if you can show uscis error, same thing goes for 485 it is not appealable, the way that you can open it up is if you can prove uscis error.

With regards to being out of status. Since you filed a timely extension, you were fine and you had status for the 240 day extension period. You stopped working which is good. Technically, you should have left the country after the 240 days but you were still in status when you filed the appeal (you can stay and wait for outcome but can't work since 240 days is over).

Now that you have EAD you are fine and can continue to work. You shouldn't have any problems on the 140/485 over this issue.
Click to expand...


I guess you are already out of status. Getting an EAD card, is just something that everyone gets after filing their 140/485 application and working on it is also a risk when you did have your H1 denied.

When they take your file for 485, you would be definitely be questioned for your entire period of stay in US. One of my friend, who did send all his H1B approval copy notices to INS for his 485 application, did get a denial for his 485 as INS found that he was out of status for one yr.

He then sent the copy of approval notice for that one yr period and finally got his 485 approved.

If INS comes to know that you have overstayed in US after H1B denial, then you have every possibility of 3-10 year ban on re-entry into US.

Since, you applied before Oct 2003, I dont know how they would treat it. When a H1B is denied, I dont think there is motion to reopen on H1B.

Your situation is pathetic, but sorry I couldnt provide you with more details. Your best bet is to contact a good attorney(Rajiv K or Sheela Murthy)

Good Luck
 
Thanks for your insights..

Want_GC_Soon,

Thanks for your reply.

"""Since, you applied before Oct 2003, I dont know how they would treat it. When a H1B is denied, I dont think there is motion to reopen on H1B."""

This is what is making me believe my lawyer's word. Lawyer is confident that INS would treat me as a person in Out of status only from the day they denied the H1, since I applied before I-94 expiry. I couldn't get any straight answer for this at all. My lawyer is not all that bad (though he missed a vital document to get my 7th H1 and hell broke loose) and that is the reason I am depending on lawyer...

If my lawyer is correct, in his argument I-245(K) will allow a person to file for I485 if the applicant haven't spend more than 180 days in out of status... How hopeful this sounds for me to wait...????

It is so pathetic, that sometimes I want to pull the plugs myself and go back home leaving all these bad days behind.

One more question, to file I140, don't I have to be on a non-immigrant status???? If Yes, there goes another problem....

About MTR for my H1, after sending the MTR we contacted INS and all they told us is that they accepted the case. It is almost 2 months since we filled MTR/Appeal and we haven't received anything back from INS...Not a receipt or any I-290B forwarded to AAO notification.
 
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