What options if H1 7th year extension denied

[dsugandhi]

Hi Gurus,

I have received a RFE for my 7th year extension. My 6th year is getting over on August 26th 2006. My I-140 is approved and waiting for my PD to be currant for I-485. I am trying to understand different options if in case I get H1 Denial.

1. Can I file new H1 extension through the same employer for the same position with new LCA while my H1 is pending/RFE status?
2. Can I file new H1 extension through the same employer for the same position with new LCA, if my H1 extension gets denied?
3. After H1 denial, if I appeal can I file new H1 extension through the same employer for the same position with new LCA?
4. Will my stay in US be legal and can I continue working if My H1 extension is denied and I have filled an appeal for it?

Detail about my RFE and possible response can be found at
http://www.immigrationportal.com/showthread.php?t=215762

I appreciate your time and reply,
Thanks,

 

[WaitingonLC]

Hi Gurus,

I have received a RFE for my 7th year extension. My 6th year is getting over on August 26th 2006. My I-140 is approved and waiting for my PD to be currant for I-485. I am trying to understand different options if in case I get H1 Denial.

1. Can I file new H1 extension through the same employer for the same position with new LCA while my H1 is pending/RFE status? YES
2. Can I file new H1 extension through the same employer for the same position with new LCA, if my H1 extension gets denied? YES provided H1B is not expired 3. After H1 denial, if I appeal can I file new H1 extension through the same employer for the same position with new LCA? YES provided H1B is not expired
4. Will my stay in US be legal and can I continue working if My H1 extension is denied and I have filled an appeal for it? I think you are not suppose to work but using portability which means filing another H1 you should be ok
Detail about my RFE and possible response can be found at
http://www.immigrationportal.com/showthread.php?t=215762

I appreciate your time and reply,
Thanks,

 

[dsugandhi]

Thanks WaitingonLC for your reply. My H1 is valid till August 26th 2006 so I still have some time to file new ones in case I need to.

I was under impression that I can not file new H1 extension from the same employer for the same post if I appeal for H1 Denial and it goes to AAO. Do you have any website link or material which address such an issue?

Thanks for your valuable reply,

 

[WaitingonLC]

Thanks WaitingonLC for your reply. My H1 is valid till August 26th 2006 so I still have some time to file new ones in case I need to.

I was under impression that I can not file new H1 extension from the same employer for the same post if I appeal for H1 Denial and it goes to AAO. Do you have any website link or material which address such an issue?

Thanks for your valuable reply,

Read the AC21 document that was released on 05.12.05 section 4 and question number 3 regarding H-1B portability bridge.What it says is as long as your non immigrant status is not expired you can file multiple H-1B portability petitions and get it approved but where as if you nonimmigrant status is expired and even though if you have filed multiple H-1B portability petitions and one gets denied the whole bridge will be cut.Hope this helps.Let me know if need any help/questions.

 

[dsugandhi]

Read the AC21 document that was released on 05.12.05 section 4 and question number 3 regarding H-1B portability bridge.What it says is as long as your non immigrant status is not expired you can file multiple H-1B portability petitions and get it approved but where as if you nonimmigrant status is expired and even though if you have filed multiple H-1B portability petitions and one gets denied the whole bridge will be cut.Hope this helps.Let me know if need any help/questions.

Thanks WaitingonLc for your reply....
I appreciate that....

I am looking for question no3's answer:
3. After H1 denial, if I appeal can I file new H1 extension through the same employer for the same position with new LCA?

and your answer was "YES provided H1B is not expired"

I am having an idea that once you appeal for H1 denial, I can not file new H1 from the same employer, for the same post. I am looking for some documentation which can clarify about law in such situation.

Thanks,