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  #1 (permalink)  
Old 09-04-2010, 03:44 PM
Junior Member
Priority Date
:
Nov-06
Category
:
EB3
I140 Mailed Date
:
01/08/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Sep 2010
Posts: 3
mk23 is on a distinguished road
Unhappy I-140 denied. 11 th yr H1 B ext pending. Very urgent. Pls advice

Dear IV,
My application for I-140 Amendment (under EB-3 category) was recently DENIED . My H1B 11th year extension is pending since 3 months. Attorney is still waiting for 140 denial notice to file for MTR/Appeal.
Here is the story:
I had an approved 140 with my previous company. I applied for 485 during Jul 2007. I joined the current company as part of the outsourcing deal in Dec 2007. As 6 months was not complete from the 485 filing, 140 amendment (Successor in Interest ) was filed by the current company in Dec 2007. My H1 Amendment was applied at the same and got approved for the same period as the previous company. But 140 Amendment got denied recently saying that the current company is not a true successor in Interest, where as my colleagues 140ís got approved without any issues.
My H1B Expired on Jul 2010. Applied for renewal in May 2010. Still waiting for adjudication.
Questions based on my Issue:

1) What are the chances of my H1B extension approval? Will 140 amendment denial impact H1B?
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL? How long does the MTR/Appeal take to get a decision?
3. Can I apply for a new 140, with my previous Employers PERM.

I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 denial and also to maintain my status in USA.

Thanks
MK
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  #2 (permalink)  
Old 09-05-2010, 08:33 AM
Junior Member
Priority Date
:
Nov-06
Category
:
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I140 Mailed Date
:
01/08/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Sep 2010
Posts: 3
mk23 is on a distinguished road
Unhappy Please Respond

IV Gurus,

Please respond
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  #3 (permalink)  
Old 09-05-2010, 09:50 AM
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ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute
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Quote:
Originally Posted by mk23 View Post
IV Gurus,

Please respond
Have you applied for EAD?
Have you used AC21?
Have you done H1-Transfer at that time to new company?

Not an easy job for anyone here to guide you. But the lawyers know how to handle the situation. You just have to prove that the new company is truly a "successor".
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  #4 (permalink)  
Old 09-05-2010, 12:45 PM
Junior Member
Priority Date
:
Nov-06
Category
:
EB3
I140 Mailed Date
:
01/08/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Sep 2010
Posts: 3
mk23 is on a distinguished road
Default

Thanks for the response.

1) Yes I did apply for the EAD renewal just before the I-140 denail came through.
2) As 6 months were not completed from the 485 filing ( July 2007), AC 21 was not used but I-140 amendment was applied.
3) Yes, the H1 amendment was applied by the new company and got the approval till July 2010.
The new company has applied for H1 B extension in May and just waiting for adjudication.
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  #5 (permalink)  
Old 09-05-2010, 05:26 PM
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Posts: 262
ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute ivgclive has a reputation beyond repute
Default

Quote:
Originally Posted by mk23 View Post
Thanks for the response.

1) Yes I did apply for the EAD renewal just before the I-140 denail came through.
2) As 6 months were not completed from the 485 filing ( July 2007), AC 21 was not used but I-140 amendment was applied.
3) Yes, the H1 amendment was applied by the new company and got the approval till July 2010.
The new company has applied for H1 B extension in May and just waiting for adjudication.
Forums are based on our own experience + couple of others experience.

There might be only few who went thru the same situation as yours and it is unlikely that they are members on this forum.

Try Administrator or Pappu thru PM and see if they can help.

But proceed with your lawyer as soon as possible.
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