complex immigration issue (H1b and I-140)

[queen1828]

Dear forum members,

 

I have somewhat complex immigration situation and thought to get some help here

 

Background

 

1. H1b - currently in sixth year ending soon in 5 days.

2. PERM approved

3. I-140 pending for two years - just changed to premium process - got RFE two days back - still working on it.

 

Applying for H1b extention NOW beyond SIXTH year considering pending I 140 with RFE.

 

questions (questions based on the attorney's advice)

 

1. My attorney is advising me for H1b extension using the REGULAR processing (not the PP).

2. Once I apply for the extension for H1b, I am in status and can continue to work with same company/client. IS THAT TRUE?

3. what will happen to my status, if my I 140 (after replying to RFE) gets denied and H1b is still under process? what will happend to my H1b under regular process? will it get denied as well based on denied I 140?

4. what is my status from now and the time when H1b gets denied? will I be considered out of status between H1b petition and deniel decision?

 

Thanks.

[srinathchowdary]

1. My attorney is advising me for H1b extension using the REGULAR processing (not the PP).

     Usually Regular Processing will help to stay for longer time for you at the same time helpful for the attorney to study your case into more deeper and find better possible solution to get it approved

 

 

2. Once I apply for the extension for H1b, I am in status and can continue to work with same company/client. IS THAT TRUE?

yes you can as long as your LCA filed under same location.

 

3. what will happen to my status, if my I 140 (after replying to RFE) gets denied and H1b is still under process? what will happend to my H1b under regular process? will it get denied as well based on denied I 140?

IF your I-140 got denied there will Be Motions and appeals done by attorney to reopen your file and if still your file is rejected then you have to leave the country as your H1B extension is based on your I-140

 

4. what is my status from now and the time when H1b gets denied? will I be considered out of status between H1b petition and deniel decision?

As long as you got receipt number and your case is pending you will not be Out of status

[cap-gap]

1. My attorney is advising me for H1b extension using the REGULAR processing (not the PP).

     Usually Regular Processing will help to stay for longer time for you at the same time helpful for the attorney to study your case into more deeper and find better possible solution to get it approved

 

 

3. what will happen to my status, if my I 140 (after replying to RFE) gets denied and H1b is still under process? what will happend to my H1b under regular process? will it get denied as well based on denied I 140?

IF your I-140 got denied there will Be Motions and appeals done by attorney to reopen your file and if still your file is rejected then you have to leave the country as your H1B extension is based on your I-140

 

 

the H1B extension request is based on approved PERm and will be for only one year right now..so the pending i140 RFE has no effect..

 

motion to repopen does not grant status, and more over denial of I140 will -ve consequences on pending H1b..

 

so better get H1 extension by one year increment right away..

 

unless CIS came out with a new memo guidance in the last year, the last one I read still lets you keep the one year H1 extension status even if I140 is denied..

[queen1828]

Thanks for your valuable input.

 

@ srinathchawdary

 

4. what is my status from now and the time when H1b gets denied? will I be considered out of status between H1b petition and deniel decision?

"As long as you got receipt number and your case is pending you will not be Out of status"

 

That I know but the question is "what if" H1b gets denied say for example in January 2014. What will be the status between from now and in January.

 

Again thanks to all for valuable suggestions.

 

 

 

 

[pontevecchio]

You will be either out of status or in unlawful status after the H1 is denied and not before.

[rohang]

I believe you cannot apply for H1b extension unless your PREM is pending beyond 365 days or I140 is approved. You don't fall under either.

 

let us suppose your I40 gets denied but you H1b gets approved, i think you will still out of status as you shouldn't have filed for H1b in first place.

[pontevecchio]

PERM pending 365 days or I-140 pending 365 days means one year H1 extensions beyond 6 years. If you actually read the OP confusing as it were the I-140 has been pending more than 2 years.

[queen1828]

Thanks.

 

Thinking worst scenario, if I-140 gets denied (after replying to RFE) and somehow H1b also gets denies after few months (because I-140 denial), will I be able to go on H4 when H1 gets denied??

[pontevecchio]

Yes. At the risk of seaming dense just spend an Airfare and come back with a H4 visa to make it airtight.

[queen1828]

Thanks all. Appreciate your time and input.

[vivek_29]

Hey queen1828,

 

I am in the same boat as you. Perm approved, but I140 in the pending state for more than a year.

Were you able to file for 1yr H1B entention based on pending I140 application?

 

Also, do you have any suggestion, so as to how to go about the H1B extention?