9th year H1 extension with appeal pending in AAO office

[vallabhu]

Hi Guys,

My case is I got my I140 denied dec 2007 and Motion to reconsider (MTR) got denied in feb 2008 and I filed an appeal in AAO office and as my h1 expires this april 21 st we sent an application for h1 extension while the appeal is pending in AAO office.


I got an RFE on my H1 saying I am not eligible for H1 extension as MTR is denied.

So my question is did any one got a H1 extension basing on appeal in AAO, do they consider AAO appeal at all for H1 extension.

[GCwaitforever]

I do not see why not. Till the appeal is heard, you have a right to continue on H1B. You are presumed innocent until proven guilty.

[GC Struggle]

GC Waitforever - Please answer only if you know the correct immigration law. Dont just site one liner statements..

Vallabhu please contact a reputed attorney ASAP

[mbartosik]

Immigration law often assumes guilty until proven innocent, so the one liner is not accurate or helpful.

You definitely need a good lawyer. Also you should consider ability of current lawyer if the current lawyer allowed you to get into this hole.

[Better_Days]

Originally Posted by vallabhu

Hi Guys,

My case is I got my I140 denied dec 2007 and Motion to reconsider (MTR) got denied in feb 2008 and I filed an appeal in AAO office and as my h1 expires this april 21 st we sent an application for h1 extension while the appeal is pending in AAO office.


I got an RFE on my H1 saying I am not eligible for H1 extension as MTR is denied.

So my question is did any one got a H1 extension basing on appeal in AAO, do they consider AAO appeal at all for H1 extension.

Sorry to hear about your predicament, it is a tough situation to be in. It is my understanding that as long as AAO does not make a decision, you can get extensions for your H1. But them I am not a lawwyer, just a desi stuck in the same mess as you. See I got an RFE on my I-I40 as well, responded with further evidence and the case is now with AAO.

One thing you might want to consider is to check the status of your I-140 if you have the Receipt Number; search these forum to see how to check you case status online. If you don't have the Receipt Number, try getting it from your lawyer or employer.

My I-140 shows the status as "Appeal/Motion/Certification sent to Administrative Appeals Office for review." while the status on my I-129 (the appeal to AAO) says "This case is now pending at the office to which it was transferred." If you I-140 is marked as being denied then it could be that it was marked as closed in error. Now I don't know if it is faster to appeal the H1 denial or just file a new one with proof that the case is pending at AAO.

Hope it works out for you.

[vallabhu]

I am hearing various versions from each attorney I contact, but I found this document on USICS website.

http://www.uscis.gov/files/pressrele...ntrm122705.pdf

please review question 5 on page 6.