gcconfusion
Registered Users (C)
guys,
Please advice, I have a strange and confusing situation. Any information will be greatly appreciated. The scenario is this:
My 6 yrs H1 ended in May 03 but have a Visa/I-94 stamped till Jan 15 '04 on a older H1.
I concurrently filed for my 140 and 485 in april '03 at VSC. (Labor substitution case with the labor approval received in 2001 - future employment)
I was hoping to get my EAD but I got an RFE in july on I-140 and hence I did not get the EAD or travel Documents.
The RFE was regarding the company financials. The reply for the RFE was sent in september .
I got the I-140 denial notice in november 1st week. My 485 was also denied. The reason stated was the companys ability to pay the wages listed on the Labor in 2001 (the company showed a loss in 2001).
My employer filed an appeal with the form I-290B showing that the company is doing really good now and showed profits in 2002 and 2003, in last week on november. My case status online shows that they have received the appeal and it will take 30-180 days for a decision.
Now my questions are:
1) Can I stay in the country after jan 15th (when my I-94 expires)
as my 140 is still in an appeal stage.
2) What happens if I stay back and the appeal is denied? Will I have a problem leaving the country with an expired I-94?
3) Is it advisable to stay here till the outcome of the appeal is known or leave the country?
4)What happens if I leave the country and then I get an approval? ( I know consular processing is a possibility, but in case like mine I heard its a nightmare).
5) Can I leave the country now and come back after a year on new H1 and then use the approved 140(if approved)?
thank you
Please advice, I have a strange and confusing situation. Any information will be greatly appreciated. The scenario is this:
My 6 yrs H1 ended in May 03 but have a Visa/I-94 stamped till Jan 15 '04 on a older H1.
I concurrently filed for my 140 and 485 in april '03 at VSC. (Labor substitution case with the labor approval received in 2001 - future employment)
I was hoping to get my EAD but I got an RFE in july on I-140 and hence I did not get the EAD or travel Documents.
The RFE was regarding the company financials. The reply for the RFE was sent in september .
I got the I-140 denial notice in november 1st week. My 485 was also denied. The reason stated was the companys ability to pay the wages listed on the Labor in 2001 (the company showed a loss in 2001).
My employer filed an appeal with the form I-290B showing that the company is doing really good now and showed profits in 2002 and 2003, in last week on november. My case status online shows that they have received the appeal and it will take 30-180 days for a decision.
Now my questions are:
1) Can I stay in the country after jan 15th (when my I-94 expires)
as my 140 is still in an appeal stage.
2) What happens if I stay back and the appeal is denied? Will I have a problem leaving the country with an expired I-94?
3) Is it advisable to stay here till the outcome of the appeal is known or leave the country?
4)What happens if I leave the country and then I get an approval? ( I know consular processing is a possibility, but in case like mine I heard its a nightmare).
5) Can I leave the country now and come back after a year on new H1 and then use the approved 140(if approved)?
thank you