Pending MOTIC and Need to leave the Country

L

LIN04

Registered Users (C)
Friends,
My MTR (Receipt Date 10/6) is pending with NSC. Since I cannot over stay the VISA Period, I will soon have to leave US. So can we please discuss my case so that I can plan futher!

1) As one should not travel during the Green Card Process without the AP, will my application get cancelled automatically?

2) My EAD/AP are still pending. If I go back to India, would I be able to come back on EAD/AP if they are approved?
 
File 7th year extention again in another Service center..that may help you


LIN04 said:
Friends,
My MTR (Receipt Date 10/6) is pending with NSC. Since I cannot over stay the VISA Period, I will soon have to leave US. So can we please discuss my case so that I can plan futher!

1) As one should not travel during the Green Card Process without the AP, will my application get cancelled automatically?

2) My EAD/AP are still pending. If I go back to India, would I be able to come back on EAD/AP if they are approved?
Click to expand...
 
BCIS,
Thanks for the reply. But the problem is my 6th year has already expired. So I don't know if I could file it from elsewhere. Since the decision on 7th from NSC itself looks doubtful per my company and 2-3 other attorney's they have talked to..I want to find out if the pending cases (EAD/AP) would help me in coming back into US or H1 is the only way?
 
LIN04 said:
BCIS,
Thanks for the reply. But the problem is my 6th year has already expired. So I don't know if I could file it from elsewhere. Since the decision on 7th from NSC itself looks doubtful per my company and 2-3 other attorney's they have talked to..I want to find out if the pending cases (EAD/AP) would help me in coming back into US or H1 is the only way?
Click to expand...

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Once you have your I485 filed, yuo ar ein status even if your visa has expired. The only issue is you cannot leave the country
 
atulh,

Does it mean that if we file just I140 and waiting to file I485 for visa number makes us out of status without H1B ? ( Assuming EB3 retro. stars during Jan 2005).

Thanks.
 
lc2003 said:
atulh,

Does it mean that if we file just I140 and waiting to file I485 for visa number makes us out of status without H1B ? ( Assuming EB3 retro. stars during Jan 2005).

Thanks.
Click to expand...

More or less..yes..

I am not a lawyer, you should ask your lawyer.

Can call me if you want 508 787 9262
 
At this point of time there is expenssive solution is to refile 140 and 485 again in another Service center ASAP.

lc2003 said:
atulh,

Does it mean that if we file just I140 and waiting to file I485 for visa number makes us out of status without H1B ? ( Assuming EB3 retro. stars during Jan 2005).

Thanks.
Click to expand...
 
But shouldn't one be in valid H1 status to file any new application? let it be atleast the last day of the Valid H1...

My H1 expired in May...my 140 and 7th were denied in Sep...my compnay filed for MOTIC on Oct 6th. The attorney says that I should leave by Feb. But I have read many posts that the time will count from May..So if 485 gives us the status...then do you mean to say...penalties will not kick in even after over stay of 6 months? I am trying to get in touch with Marooti so that I can talk with his attorney..but in the mean time I want to find info from you guys as you surely must have see someone with similar situation....
 
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I'm talking about refiling 140/485..You can Refile one..please act fast.

LIN04 said:
But shouldn't one be in valid H1 status to file any new application? let it be atleast the last day of the Valid H1...

My H1 expired in May...my 140 and 7th were denied in Sep...my compnay filed for MOTIC on Oct 6th. The attorney says that I should leave by Feb. But I have read many posts that the time will count from May..So if 485 gives us the status...then do you mean to say...penalties will not kick in even after over stay of 6 months? I am trying to get in touch with Marooti so that I can talk with his attorney..but in the mean time I want to find info from you guys as you surely must have see someone with similar situation....
Click to expand...
 
LIN04 said:
But shouldn't one be in valid H1 status to file any new application? let it be atleast the last day of the Valid H1...

My H1 expired in May...my 140 and 7th were denied in Sep...my compnay filed for MOTIC on Oct 6th. The attorney says that I should leave by Feb. But I have read many posts that the time will count from May..So if 485 gives us the status...then do you mean to say...penalties will not kick in even after over stay of 6 months? I am trying to get in touch with Marooti so that I can talk with his attorney..but in the mean time I want to find info from you guys as you surely must have see someone with similar situation....
Click to expand...

Did you file for your H1 extension before May? If yes apply for the 7th year extension with the original H1 extension application and MOTIC receipt. Request for the extension from the date your curent H1 is expiring.

You can always file for extension with in 6 months of exipiration of your current petetion ...(I guess) .... I know my company did it several times ....
 
Yes, I have filed the seventh in April!

After referring to Marooti's case my company initially has agreed to file for seventh year with MOTIC's receipt, but they have talked with couple of attorney's after that who feel that this case may not be approved..further more they say that (one of the attorney's) this could result in the Deportation proceedings!!!! So my company has left it to me now..whether or not to go ahead...I am afraid if this happens that will worsen the situation...but as it is apparent from this discussion that it may be possible I will talk to my company in filing the 7th and as BCIS says maybe refile 140/485.
 
LIN04 said:
Yes, I have filed the seventh in April!

After referring to Marooti's case my company initially has agreed to file for seventh year with MOTIC's receipt, but they have talked with couple of attorney's after that who feel that this case may not be approved..further more they say that (one of the attorney's) this could result in the Deportation proceedings!!!! So my company has left it to me now..whether or not to go ahead...I am afraid if this happens that will worsen the situation...but as it is apparent from this discussion that it may be possible I will talk to my company in filing the 7th and as BCIS says maybe refile 140/485.
Click to expand...

Apply for your 7th year extension now ... once your H1 extension is approved you can continue to stay and can apply for another 140/485 based on the current labor approval even if your current 140/485 gets declined.

Once you get your 7th year extension you will not get deported even your 140/485 gets rejected. You can plan and leave the country if you think that your case does not have a chance.

Also getting 7th year extension is important because that will prevent you from being out of status. If you leave the country once your 140/485 gets rejected, you have been out of status and will have difficulty to come back later .....
 
Lokesh_mr said:
Apply for your 7th year extension now ... once your H1 extension is approved you can continue to stay and can apply for another 140/485 based on the current labor approval even if your current 140/485 gets declined.

Once you get your 7th year extension you will not get deported even your 140/485 gets rejected. You can plan and leave the country if you think that your case does not have a chance.

Also getting 7th year extension is important because that will prevent you from being out of status. If you leave the country once your 140/485 gets rejected, you have been out of status and will have difficulty to come back later .....
Click to expand...
I think his H1B is already over. He will not get an extension. LIN04, correct me if I am wrong, but I think you started working on your EAD before your denial?
 
Lin04, I have left a message with my attorney about your case. I will let you know when she responds.
Is your 7th year extension already denied by NSC? I am sure you must have used your EAD if your H1 expired in May 2004. If this is the case then your status has changed from H1 to AOS (485). Correct me if I am wrong here?
As far as I know you can also file for an appeal to reopen your denied H1.
I will surely let you know once I hear from my attorney.
 
Marooti thanks for talking to your attorney. I greatly appreciate your help.

Coming to Dazzling...I never got my EAD (Applied in May)...so until the 7th was denied in Sep, I was working on my pending H1 only.
 
1)Don't wait please talk to auttorney to refile every thing 140/485 and h1b in other center.

2)File MTR on H1b also add 140 appeal receipt. it will help



LIN04 said:
Marooti thanks for talking to your attorney. I greatly appreciate your help.

Coming to Dazzling...I never got my EAD (Applied in May)...so until the 7th was denied in Sep, I was working on my pending H1 only.
Click to expand...
 
LIN04 said:
Marooti thanks for talking to your attorney. I greatly appreciate your help.

Coming to Dazzling...I never got my EAD (Applied in May)...so until the 7th was denied in Sep, I was working on my pending H1 only.
Click to expand...
I think you should file MTR on your 7th Year H1B now that you have the receipt notice for your pending 140 MTR/Appeal.
 
I agree with dazzling and BCIS. I finally did speak to my attorney about your case. She said that if you filed for your 7th year H1 while you were still on 6th year then it is possible to get your 7th year after sending them the receipt of MTR. Tell your attorney to draft a cover letter that explains about your situation in the best possible words.
But if you applied for 7th year after your 6th year H1 expired then your H1 status is lost.
As a fall back I thing you should refilling for 140/485 using the same labor as suggested by BCIS. Have you thought of using a substitute labor to file for your 140/485? This will start your case afresh.
 
Marooti, BCIS, Dazzling!! Thanks for all your input and help.
Marooti, since your Attorney has already shown success in a situation like this, can you please find out if she can represent me? If so I can get started immediately maybe today itself. Thanks all...your input is keeping my hope alive. Hopefully all this will go thru successfully!
 
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LIN04,
She will be on vacation starting Friday for 2 weeks. She wasn't keen on taking up any case till next year.
 
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