H1B 6th Year I140 Denied after RFE - Please HELP

[sri9543]

Hi All,

I am in beginning of 6th year of my H1b, PERM approved on May 2017, I140 applied on June'2017. 

My I140 application is denied and waiting for "Denial letter" from USCIS. Please help out what are options to stay in USA after 6th years.

 

Regards

Sri

[directory0818]

1. convert to f1 or l1

2. convert to h4, l2

3. Lastly, marry us citizen

4. Worst case, if you have us citizen kids...wait until they sponsor you

[JoeF]

7 hours ago, directory0818 said:

1. convert to f1 or l1

2. convert to h4, l2

3. Lastly, marry us citizen

4. Worst case, if you have us citizen kids...wait until they sponsor you

A change to F1 is impossible. First, universities have application deadlines. It takes months to get admission. And second, with an I-140, the OP has shown immigration intent, which is not allowed for an F1.

Change to L1 is also do not possible, because that requires the person to have worked for the employer abroad for at least a year in the last 3'years. The OP is in his 6th year of his H1...

H4 and L2 required the spouse to be in H1 or L1 status.

Marrying a US citizen for an immigration benefit is illegal.

And lastly, a US citizen child would have to be 21 before being able to sponsor the parents.

So, the only option for the OP is to leave. An employer can file an new H1 once he has been abroad for a year.

[directory0818]

another option is start a new gc application again. Try to recapture time spent outside usa and then leave after completing 6yrs. Once new i 140 is approved return back with same h1b extension.