Worst Case Scenario - I-140 gets denied

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Aakash28

Registered Users (C)
Hello, It's been 10 months and I still have'nt received my I-140 and I wan't to be ready for the worst. So what if my I-140 gets denied - what are my options? I am currently on EAD Status. Would I be allowed to apply for a new H1B incase my I-140 gets denied - during that time period would I be allowed to stay in US? Also do I have to immediately leave my employer? Is there any way of somehow staying in US legally if I-140 gets denied? Would appreciate any input on this.

Thanks.
 
Akash

Akash,

Have your H1-vis by someother company. so that even if it is the worst case.

You are on legal status.

Just a suggestion.
 
If you are on EAD and (God forbid) your I-140 is denied, Unfortunately you'd be immediately out of status...there are other options to stay in US though i.e. finding a pending Labor and get an extension based on that etc. but still you have to go out of the country and get your H1 stamped....
 
But is'nt there any kind of appeal I can make to INS incase my I-140 gets denied? And meanwhile when that happens I can stay in US. Can't my employer file another H1b within a weeks time of I-140 denial. Is'nt there any kind of buffer period that one gets after I-140 denial before one has to definately leave the country or before one becomes out-of-status? Please suggest..
 
Aakash28 said:
But is'nt there any kind of appeal I can make to INS incase my I-140 gets denied? And meanwhile when that happens I can stay in US. Can't my employer file another H1b within a weeks time of I-140 denial. Is'nt there any kind of buffer period that one gets after I-140 denial before one has to definately leave the country or before one becomes out-of-status? Please suggest..
Click to expand...

You can file MTR if have valid ground to appeal for denied AOS. however, that has to be filed within 30 days after denial. If you are too frighten and sure about denial, file for h1-b extension (if you don't have any). upon denial you can go out of contry and come back on h1.

You seem to be over apprehension about your case.
 
Thanks guys for your input.
As per dyingforgc - Can I file for a new H1b with my existing Company right away? and if it gets approved before my I-140 gets denied then I would be legible to stay in US. Right??

To answer bjorn question - I am currently on EAD status - Have another whole year left on my H1B - used only 5 years on my H1b and filed I-9 to get on to EAD status 2 months back - back then was'nt expecting this kind of delay in I-140 Approval.
 
Aakash28 said:
Thanks guys for your input.
As per dyingforgc - Can I file for a new H1b with my existing Company right away? and if it gets approved before my I-140 gets denied then I would be legible to stay in US. Right??

To answer bjorn question - I am currently on EAD status - Have another whole year left on my H1B - used only 5 years on my H1b and filed I-9 to get on to EAD status 2 months back - back then was'nt expecting this kind of delay in I-140 Approval.
Click to expand...

yes. you can file for h1-b extension anytime. eventhough if it gets approved you will have to travel outside US and come back with h1-b to convert yourself back onto h1 from EAD.
Remember one rule : if EAD is used, to get back on h1, one must have to travel outside US and come back on h1-b eventhough h1 was valid for him/her before using EAD.

So even if your h1 gets approved before I-140/I-485 denial, you would have to go outside US and come back. If you don't want to get into stamping business, you can go to canada and use Automatic Visa revalidation to re-enter US to avoid going for stamping.
 
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