Intended to Deny

[Reddy1576]

I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.

So there are 2 I-140's with the USCIS.

Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.

Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.

Infact I recently travelled to india and came back on Advance Parole before all this denial happend.

Now, I filed my H1B extension , What will happen to the H1 extension ?

and What is my status now?

Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?

Any help would appreciate

Thanks
Reddy

[roseball]

I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.

So there are 2 I-140's with the USCIS.

Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.

Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.

Infact I recently travelled to india and came back on Advance Parole before all this denial happend.

Now, I filed my H1B extension , What will happen to the H1 extension ?

and What is my status now?

Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?

Any help would appreciate

Thanks
Reddy

Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.

Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.

[rockstart]

You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.

[dealsnet]

Since you are in tight spot, you need to consult good and experienced lawyers.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)



You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.

[Reddy1576]

I have another question if my I-140 is in appealed stage will my H1 b would be approved? If approved what are the chances of getting approval if i tranfer my H1b with the different company while I-140 is appealed with the existing company?

can i apply one more I-140 , and what will be my case in this situation?


Thanks
Reddy

[adhantari]

update?

[EB-VoiceImmigration]

can i apply one more I-140 , and what will be my case in this situation

If you tranfer ur H1 to new employer, i think u need to start green card process from the beginning. your old approved labor no longer valid and also u can not port ur PD.

If you I-140 approved (then I dont think u will do H1 transfer), still same process above but I think u can port your PD.

But like other members suggested, please consult attorney.