askmeplease Posted January 19, 2014 Report Share Posted January 19, 2014 Hello all. I have this unique situation for which I couldnt find the answer Background- I am on my 6th yr of H1B. Filed I-140 before 6th yr began. got RFE and evntually denial. Now I have applied for "motion to reopen" which i am hoping not to come back before my 6th yr h1b gets completed. Otherwise only option will be to file federal court case in order to buy more time to extend my H1B for another year. Question I have is- Can federal court case be the basis for H1B extension beyond 6 yr limit? Link to comment
jairichi Posted January 20, 2014 Report Share Posted January 20, 2014 Hello all. I have this unique situation for which I couldnt find the answer Background- I am on my 6th yr of H1B. Filed I-140 before 6th yr began. got RFE and evntually denial. Now I have applied for "motion to reopen" which i am hoping not to come back before my 6th yr h1b gets completed. Otherwise only option will be to file federal court case in order to buy more time to extend my H1B for another year. Question I have is- Can federal court case be the basis for H1B extension beyond 6 yr limit? Federal case? For what? Link to comment
t75 Posted January 20, 2014 Report Share Posted January 20, 2014 Denied for what reason?> Why do you not just go suit your year outside the US and start over with a different employer. Link to comment
rahul412 Posted January 20, 2014 Report Share Posted January 20, 2014 Otherwise only option will be to file federal court case in order to buy more time to extend my H1B for another year. Federal case on what?? Do you know what you are talking?? Link to comment
askmeplease Posted January 21, 2014 Author Report Share Posted January 21, 2014 sorry, I didnt explain the entire situation before. My situation is- applied through eb-2 self petition. received 1 RFE. Then EB-2 denied. After EB-2 denied, I filed "motion to reopen" with AAO. If AAO denies it, then only option is to file "federal court case". I know while I filed "motion to reopen" I can extend my H1B since decision is pending. What I want to know is, if I have to file federal court case, can that be a basis for H1B extension? Link to comment
jairichi Posted January 22, 2014 Report Share Posted January 22, 2014 sorry, I didnt explain the entire situation before. My situation is- applied through eb-2 self petition. received 1 RFE. Then EB-2 denied. After EB-2 denied, I filed "motion to reopen" with AAO. If AAO denies it, then only option is to file "federal court case". I know while I filed "motion to reopen" I can extend my H1B since decision is pending. What I want to know is, if I have to file federal court case, can that be a basis for H1B extension? How does a denial be an option to file a federal case? If that is the case can you imagine how many federal cases be pending or proceeding by now? Who gave you this option? Link to comment
rahul412 Posted January 22, 2014 Report Share Posted January 22, 2014 sorry, I didnt explain the entire situation before. My situation is- applied through eb-2 self petition. received 1 RFE. Then EB-2 denied. After EB-2 denied, I filed "motion to reopen" with AAO. If AAO denies it, then only option is to file "federal court case". I know while I filed "motion to reopen" I can extend my H1B since decision is pending. What I want to know is, if I have to file federal court case, can that be a basis for H1B extension? what's the reason for denial?? What did your attorney said?? Link to comment
askmeplease Posted January 23, 2014 Author Report Share Posted January 23, 2014 yes, I know for sure, federal court case can be filed. Link to comment
t75 Posted January 23, 2014 Report Share Posted January 23, 2014 Do you understand how much attorneys cost? This is not a pro bono type case. Link to comment
rahul412 Posted January 23, 2014 Report Share Posted January 23, 2014 yes, I know for sure, federal court case can be filed. We are asking you the same question again, 1. What's the reason for denial?? 2. Based on what facts you will file a federal case?? You didn't answer these questions yet Link to comment
JoeF Posted January 24, 2014 Report Share Posted January 24, 2014 yes, I know for sure, federal court case can be filed. You seem to be rather confused. Either you have read some BS on some Internet forum, or you have a clueless lawyer. Immigration is federal, so any lawsuit against USCIS would be a federal case. But, first, a lawsuit doesn't give you any immigration rights, i.e., an H1 can't be extended bacuse of that. Second, a lawsuit is likely to cost 10s of thousands of dollars. Do you have that kind of money? And third, a lawsuit needs to have merit if you want to have any chance of winning. You have avoided to provide any details, so your attempted "lawsuit" is likely to be frivolous and would get thrown out. The bottom line: you are looking at wasting all your life savings, and getting banned for life from the US. Link to comment
catx Posted January 24, 2014 Report Share Posted January 24, 2014 On what basis would you file a lawsuit in federal court against the U.S. government (USCIS)??? A denial of an immigration application or petition, such as an I-140, does not in of itself constitute a basis for a lawsuit against the U.S. government. It does not matter what mistakes you think the USCIS may have made, or how you feel you were wronged or were otherwise treated unfairly. A lawsuit against the USCIS would have to be based on a legal justification that there was a misinterpretation or misapplication of U.S. immigration law, and even then it would take years to conclude (and as JoeF posted would not provide any immigration benefits such as the basis for a visa extension). For example, there is a lawsuit against the USCIS regarding application of the Child Status Protection Act (CSPA), and it has been going on for a few years now. Link to comment
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