Re-filing I140

cons1234

Registered Users (C)
My 7th year H1 extension is getting expired in Jan 2005. We received information last week that my I-140 has been denied due to "mismatch in salary" (?!?!?). My company lawyers are suggesting to file for I-140 again and then request 8th year extension on H1 visa. What I am concerned about is ...

1) Could there be any particular reason why my company lawyers are advocating refiling instead of appealing? I don't know if the reason cited can be appealed against.

2) I am bit concerned about the timing. My company lawyers are saying that as soon as we receive receipt of I-140 filing, we will file for 8th year extension. Shouldn't I have receipt of 8th year extension filing BEFORE my current visa expires?

3) If required, can I switch myself to Business Visa to continue to stay here for few more months?

4) Is there anything else I need to be concerned with or be careful about?

Thanks,
 
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