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  #1 (permalink)  
Old 04-27-2011, 10:21 AM
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Default H1B extension with pending MTR (not appeal to AAO) on I140.

Good morning! Please clarify for my case details given below :
Labor approved, I140 denied for ability to pay. Employer had filed MTR with current tax returns documents. The labor has been filed & approved less than 180 days and I140 pending with MTR. H1B expires in 15th May 2011 completing all six years and no recapture periods left.
The questions are:
1. Can I file an extension of H1 with pending MTR and with less than year old labor application?
2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?

Thank you
Best regards,
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  #2 (permalink)  
Old 04-27-2011, 11:50 AM
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Default

I had ask these questions on the attorney calls few months ago and this is what i got from it.

The questions are:
1. Can I file an extension of H1 with pending MTR and with less than year old labor application?
- No, need to have approved I140 in your case.
2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?
- Cannot file H1 extension with that
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?

- i think yes.
Please consult a lawyer to get reliable answers/second opinion.
Good luck.
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  #3 (permalink)  
Old 08-06-2012, 04:47 PM
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panks has a spectacular aura about panks has a spectacular aura about panks has a spectacular aura about
Exclamation additional clarifican to your answer

IN answer to your third question, you say yes. Its not clear , Yes to what ? Yes to date the MTR is denied or Yes to 15th May 2011 ?

- Cannot file H1 extension with that
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?

- i think yes.
Please consult a lawyer to get reliable answers/second opinion.
Good luck.[/quote]
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Old 08-07-2012, 09:48 AM
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You would be out of status form 15th May 2011, should the MTR be denied. Not the date the MTR is denied.

Quote:
Originally Posted by panks View Post
IN answer to your third question, you say yes. Its not clear , Yes to what ? Yes to date the MTR is denied or Yes to 15th May 2011 ?

- Cannot file H1 extension with that
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?

- i think yes.
Please consult a lawyer to get reliable answers/second opinion.
Good luck.
[/quote]
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