H1B Extension but labor less than 365 days

[samtrio123]

Lately I came to know that my I140 has been denied and it is a no win game if we are going for re-appeal. So the company has said we will apply for a new GC and as per there plan we would be able to apply for Labor by Jan 2010.
I have been in US for last 9 years and I came to know last week I have to start a new GC from scratch as my I140 was denied. So the company is planning to go for new GC and after all initial formalities hopefully by Jan 2010 the labor would be filed. My h1b is to expire on Apr 2010.
So the question I would like to put forward is will I get an extension on the basis of labor filed which is less than 365 days and no I140 applied. Lawyer says that we can get on the basis of earlier labor which was initially approved.

If my H1B extension gets denied, legally within how much time I am supposed to leave the country. How much advance notice will I have in case it gets denied?

Can I have some thoughts on the same Please?

Thankyou,

[Prashanthi]

Originally Posted by samtrio123

Lately I came to know that my I140 has been denied and it is a no win game if we are going for re-appeal. So the company has said we will apply for a new GC and as per there plan we would be able to apply for Labor by Jan 2010.
I have been in US for last 9 years and I came to know last week I have to start a new GC from scratch as my I140 was denied. So the company is planning to go for new GC and after all initial formalities hopefully by Jan 2010 the labor would be filed. My h1b is to expire on Apr 2010.
So the question I would like to put forward is will I get an extension on the basis of labor filed which is less than 365 days and no I140 applied. Lawyer says that we can get on the basis of earlier labor which was initially approved.

If my H1B extension gets denied, legally within how much time I am supposed to leave the country. How much advance notice will I have in case it gets denied?

Can I have some thoughts on the same Please?

Thankyou,

You cannot get an extension if less than 365 days have expired from the time your labor was filed. Unless you can get a further extension based on time spent outside the country in the last 9 years, unless you have used up this option before. You can also file for an extension based on a pending appeal on the I-140. It takes 1-2 yrs for the AAO to make a decesion on the appeal, in the meantime you can get extensions on your H-1 and while the appeal is pending file for another labor.

[samtrio123]

Originally Posted by Prashanthi

You cannot get an extension if less than 365 days have expired from the time your labor was filed. Unless you can get a further extension based on time spent outside the country in the last 9 years, unless you have used up this option before. You can also file for an extension based on a pending appeal on the I-140. It takes 1-2 yrs for the AAO to make a decesion on the appeal, in the meantime you can get extensions on your H-1 and while the appeal is pending file for another labor.

Thankyou Prashanthi for the prompt reply.
My case of I140 was stuck up with AAO for 3 years and i got the result last week and my H1's last date is Apr 2010, inspite of lot of affort from my side to have a new GC i was ignored by only one answer your case is strong and it will be approved. but this is how it went. Now my lawyer is saying he is very confident that he can get the H1B extended on the basis of the earlier labor approved where I140 was denyed, to be honest there is a case in my company which worked as per this logic. So I wanted to confirm.
Once they apply for H1B extension and i get denial letter, how long can i stay in US. Do they give me a formal notice or is it a law that i should leave the country within so many days.

[samtrio123]

Thankyou Prashanthi for the prompt reply.
My case of I140 was stuck up with AAO for 3 years and i got the result last week and my H1's last date is Apr 2010, inspite of lot of affort from my side to have a new GC i was ignored by only one answer your case is strong and it will be approved. but this is how it went. Now my lawyer is saying he is very confident that he can get the H1B extended on the basis of the earlier labor approved where I140 was denyed, to be honest there is a case in my company which worked as per this logic. So I wanted to confirm.
Once they apply for H1B extension and i get denial letter, how long can i stay in US. Do they give me a formal notice or is it a law that i should leave the country within so many days.