Urgent advice needed - I140 denied/H1 ext

P

phxhyd

Registered Users (C)
I140 (EB2) & 485’s were denied together. Filed a Motion to Reopen and that is also denied. The reasons for denial are: ability to pay & education (3+2 case). Company A filed my GC and the H1 was with company B. After filing I140, company B got merged with A. H1 6th yr expires by APR09. Meantime a new PERM has been filed from company C in JAN09. By reading the forum here I learned that the appeals are having only 5% chances. My Questions are:
1. Should I appeal? If yes and if the negative decision comes before JAN10 then I will not be having a change to extend my H1 right?
2. Should I file a new I140 under premium processing in EB3 classification (per educational grounds - I will be loosing AOS I believe) and then MTR & Appeal to buy some more time incase it gets denied again
3. File an Appeal and if appeal gets denied then can I file new I140 at that time?
 
you can still appeal as it wont hurt your immigration status. nothing to lose right? but do you feel they unfairly denied your application? Is there anything truth to why they denied?
 
If you appeal you will not be able to file a new I-140 until its decided, or you withdraw. As long A2P with C isn't an issue re-filing premium processing is your best option and then keep renewing your H1 until you are eligible for I-485 (which unfortunately could take a decade or two depending on your country of birth).
 
Btw, once you have an approved I-140 you can try filing another EB2 and appeal that and what not. Just make sure you have an approved I-140 in hand to keep your H1 status alive.
 
You must log in or register to reply here.
Top