What if I-140 is denied ?

I came to know today that my I-140 was denied. I don't know the reason yet. My 6 year H1 expires in February 2005. I will tell my lawyer to file for an motion to reopen my case. Should my lawyer file the 7th year extension after filing for the motion? Are there any chances of 7th year extension getting denied?

Also, in May, my wife used her AP to travel. Will this have any impact on my 7th year extension and her H4?
I am lucky that I didn't use my EAD.
 
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marooti said:
I came to know today that my I-140 was denied. I don't know the reason yet. My 6 year H1 expires in February 2005. I will tell my lawyer to file for an motion to reopen my case. Should my lawyer file the 7th year extension after filing for the motion? Are there any chances of 7th year extension getting denied?

Also, in May, my wife used her AP to travel. Will this have any impact on my 7th year extension and her H4?
I am lucky that I didn't use my EAD.
Click to expand...

marooti,

Could you please post more details about your case....filing date, case type, etc..

thanks,
ABT
 
Here are my case details.

Filed at NSC, EB3
140/485/ead/ap rd 9-15-2003
EAD/AP received on 10-15-2003
140 rfe 5-25-04
FP#1, 6/20/04
I-140 denial 9-9-04 (education issues 3 years comp sc. degree instead of 4 years)

I spoke to my lawyer and we are going to file motion to reopen the case soon.
 
UnitedNations,
Thanks for your valuable response.
Is it a must to file for H1 extension after we appeal? I am dealing with 2 lawyers. My company lawyer deals with H1 issues and for greencard I have a different lawyer. Should I tell my company lawyer to wait untill my gc lawyer files for a motion and tell them to coordinate? My appeal needs to be filed before 9th Oct.

I have already filed for my new labor when I got my RFE in May 2004.
 
140 and H1 7th year denied. Please Help!

UnitedNations and All others who can help!!!!!!

After my 140 got denied, we filed for motion to reopen. And immediately after 9 days my company lawyer filed for my 7th year H1 extension under premium proecessing. They denied my H1 petition on the basis of my 140 denial (3 year degree). They did not even send an RFE. My company lawyer is filling for a motion to reopen my case for 7th year H1 and this time she is sending the Receipt Notice from my Motion for I-140.
Looks like I am in deep trouble !!!! eh!!
I don't know if I will be able to stay in this country after Feb 2005. My present H1 is till Feb 2005.


------------------------------------------------------
Filed at NSC, EB3
140/485/ead/ap rd 9-15-2003
EAD/AP received on 10-15-2003
140 rfe 5-25-04
FP#1, 6/20/04
I-140 denial 9-9-04 (education issues 3 years comp sc. degree instead of 4 years)
H1 - denial (filed premium on Oct 22: denied on 3rd Nov.)
 
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bmt74 - on the ' use of AP invalidating H1B issue '--- i can give you a clear answer - my friend went to canada last month, used AP - is currently using H1B - informed his HR, lawyers about his whole plans - everyone gave him a green signal --- he is fine and currently using H1B now...so that's no problem.
 
MJ23, Thanks for letting me know. I also confirmed that with my lawyer and several other friends.

Well, let's see if we hear any good news on our I-140. My H1 expires this Dec. I haven't applied for extension yet. I am going to wait until the end of this month. In the mean time, I am preparing all the H1b extn paper work ready. I will file extn in the first week of Dec, if I don't hear anything by then.

I am hoping for the good news !!

Another thing I am concerned about is my wife's I-485 online status. She finished her FP about 2 months ago. But it still says the results are pending review. Do you think it's holding up the whole process ?

Thanks !!
 
Hi bmt74:

In our case too both my husband' and my FP were taken more than 3 months ago but the online status still says pending review for both of us. I called FBI and they confirmed that our FP were forwared to USCIS in August. I think it is just plain laziness of USCIS folks and nothing more. Hope I'm right!!

Kashish

bmt74 said:
MJ23, Thanks for letting me know. I also confirmed that with my lawyer and several other friends.

Another thing I am concerned about is my wife's I-485 online status. She finished her FP about 2 months ago. But it still says the results are pending review. Do you think it's holding up the whole process ?

Thanks !!
Click to expand...
 
marooti said:
UnitedNations and All others who can help!!!!!!

After my 140 got denied, we filed for motion to reopen. And immediately after 9 days my company lawyer filed for my 7th year H1 extension under premium proecessing. They denied my H1 petition on the basis of my 140 denial (3 year degree). They did not even send an RFE. My company lawyer is filling for a motion to reopen my case for 7th year H1 and this time she is sending the Receipt Notice from my Motion for I-140.
Looks like I am in deep trouble !!!! eh!!
I don't know if I will be able to stay in this country after Feb 2005. My present H1 is till Feb 2005.

QUOTE]
You better to send I-140 MTR notice with your H1-7th ext. Also choose the premium process.
Click to expand...
 
Can anyone help me, please?

My situation is quite different from you guys.

My only status is I140 pending right now. I graduated last year(April) for my master's in the Music School. I filed my I140(9/27/03) when I was under OPT. The OPT was expired this Sep. My lawyer told me I am qualified on Extraordinary Ability and she told me that my case is strong. Also, she said this is fastest case compare with all other kind. I have been waiting for approval for over a year. I got my AP and EAD this June. I want to visit my parents really bad. But I am not confidence with my case. My questions are

1) Is it really easy to get I140 denied? Do you think my case might be denied?

2) If my I140 is denied, will I be out of status right away?

2) Is that really bad idea to visit my parents while my I140 is pending? (I mean if I140 is denied while I am in my home country. I don't know what to do?)

My lawyer kept telling me that I should visit my parents. She said it's safe to come back and the worst case will be RFE on I140, and if that happens, it's still ok to use AP coming back... I don't know I should trust what she said or not, cause she has been doing nothing effort on my case I think.

Can anyone help me, PLEASE? Thank you So much.

-Vivace
 
I had my I-140 denied, and I was told by my lawyer that an appeal (pending) does NOT give me a valid status in USA.
At that time I was under my valid H-1B, and I was afraid my company will run out of money (which happened couple of months later) and then I will be out of status immediately (no grace period for H-1b).
I managed to find another employer (university) and transfer my H-1B.
But I was ready to file a change in status from H-1B to B-1 in case my H-1B would not be valid because my company running out of money...B-1 is a 'business' status and may give you up to 6 months time 'to finish your business like sell car, etc..' before leaving USA.
Another option to stay in status would be to file another I-140. Theoretically you can keep filing if getting denied...but INS can figure out you filing just for keeping status and may deny you faster..
 
vivace said:
My situation is quite different from you guys.

My only status is I140 pending right now. I graduated last year(April) for my master's in the Music School. I filed my I140(9/27/03) when I was under OPT. The OPT was expired this Sep. My lawyer told me I am qualified on Extraordinary Ability and she told me that my case is strong. Also, she said this is fastest case compare with all other kind. I have been waiting for approval for over a year. I got my AP and EAD this June. I want to visit my parents really bad. But I am not confidence with my case. My questions are

1) Is it really easy to get I140 denied? Do you think my case might be denied?

2) If my I140 is denied, will I be out of status right away?

2) Is that really bad idea to visit my parents while my I140 is pending? (I mean if I140 is denied while I am in my home country. I don't know what to do?)

My lawyer kept telling me that I should visit my parents. She said it's safe to come back and the worst case will be RFE on I140, and if that happens, it's still ok to use AP coming back... I don't know I should trust what she said or not, cause she has been doing nothing effort on my case I think.

Can anyone help me, PLEASE? Thank you So much.

-Vivace
Click to expand...

1. Depends on case to case.

2. Yes - you will be out of status on that date. AND YOU CANNOT ENTER USA AS YOUR 485 WILL BE DENIED AUTOMATICALLY AND SO WILL BE EAD AND AP.

TILL APPEAL IS NOT ADJUDICATED IN YOUR FAVOR - YOU ARE OUT OF STATUS. CHECK:

Murthy says.
 
compass said:
I had my I-140 denied, and I was told by my lawyer that an appeal (pending) does NOT give me a valid status in USA.
At that time I was under my valid H-1B, and I was afraid my company will run out of money (which happened couple of months later) and then I will be out of status immediately (no grace period for H-1b).
I managed to find another employer (university) and transfer my H-1B.
But I was ready to file a change in status from H-1B to B-1 in case my H-1B would not be valid because my company running out of money...B-1 is a 'business' status and may give you up to 6 months time 'to finish your business like sell car, etc..' before leaving USA.
Another option to stay in status would be to file another I-140. Theoretically you can keep filing if getting denied...but INS can figure out you filing just for keeping status and may deny you faster..
Click to expand...
Check above post. You and your lawyer are right.
 
My 7th Year extension was denied by VSC inspite of sending them the MTR for my I140 denial.
Actually my company is based out of Chicago and I am working for a client in NJ and I stay in NJ. And because NJ comes under Vermont Service Center, my lawyer had sent for my 7th year extension at VSC. (So far all my H1 extensions were filed in NSC)
Vermont Service Center is not ready to budge. They sent a fax to my lawyer saying thier decision about denial is unchanged.

Now, my lawyer has agained filed for 7th year extension. This timeat NSC - under premium processing on 15th Nov. I am still waiting. I should know about it this week or next week. I desparetly hope to hear some positive news!!!

If his doesn't workout then my fall back plan is to file for another I-140 using substitute labor (my employer has an approved labor from an ex-employee). And based on this I will file for a new 7th year extension, non-premium processing.
Hopefully this plan should keep me in status.
 
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marooti said:
My 7th Year extension was denied by VSC inspite of sending them the MTR for my I140 denial.
Actually my company is based out of Chicago and I am working for a client in NJ and I stay in NJ. And because NJ comes under Vermont Service Center, my lawyer had sent for my 7th year extension at VSC. (So far all my H1 extensions were filed in NSC)
Vermont Service Center is not ready to budge. They sent a fax to my lawyer saying thier decision about denial is unchanged.

Now, my lawyer has agained filed for 7th year extension. This timeat NSC - under premium processing on 15th Nov. I am still waiting. I should know about it this week or next week. I desparetly hope to hear some positive news!!!

If his doesn't workout then my fall back plan is to file for another I-140 using substitute labor (my employer has an approved labor from an ex-employee). And based on this I will file for a new 7th year extension, non-premium processing.
Hopefully this plan should keep me in status.
Click to expand...
You seem to have a good plan. My best wishes are with you ...
 
I got my 7th H1 year extension at NSC. What a relief !!!
I think I will stay with my present company on H1 till the time I get my GC. Anything can happen at any stage with USCIS.
After the whole episod, I would suggest that the Receipt Notice for MTR I-140 denial should be sent along with 7th year H1 renewal
 
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