I-140 denied and H1B maxing out in April 2017


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My I-140 got denied today and my H1B is maxing out in April 2017. What are all my options now? Would like to know if the following are possible and the best options now.

1. File for MTR (Motion to Reopen) and file for H1B extension premium with MTR receipt. Is that possible?

2. File for AAO and file for H1B extension premium with AAO receipt. Is that possible?


Note: Perm got approved on March 2015. My I-140 got denied today November 2016, after two rounds of RFE (for education and ability to pay) and then an NOID as well before getting denied. I have a 3 year bachelor degree + 3 year masters degree MCA

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Thanks for your response.

But please dont mislead with wrong information.

There is a guidance memo from CIS that addressess this issue. The memo reads that one is allowed to continue filing for H1-B one year incremental extension if he/she has a pending I-140 petition appeal at Administration Appeals Office (AAO). The rationale is that a decision is not final if there has been a timely appeal.

While it is always best to avoid a I-140 denial, a timely appeal does preserve the ability to extend H1-B status beyond the normal six years under AC21

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So, if you know ooh that much, why did you even ask???

An MTR does NOT give you any immigration rights. And an appeal would have to be non-frivolous. I don't see that in this case.

You need to enter reality, not some make-believe fantasy world.

But hey, you are an adult. You are free to dig your hole deeper...


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With a denied I-140, MTR receipt, is getting an H1B extension possible? Corresponding PERM was pending more than 365 days.


Yes, if the PERM was filed in time to qualify for the H1B extension under the 365 day rule, it is possible to obtain the extension even if the I-140 has been denied, as long as there is a pending MTR or appeal. The MTR or appeal is enough to keep the case “alive’ so that the beneficiary qualifies for more H1B time. As a suggestion, it is worth considering whether it may be possible to refile the I-140 with better evidence or in another EB category in order to have a chance for approval. This can be a more viable option than a MTR in some cases, depending upon the reason for the denial and the facts of the case. (30.Dec.2013)

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  • 3 months later...

Just wanted to update so that it helps people with similiar situation.

My I-140 got denied in November 2016 for issue with education (B.Sc + MCA). My lawyer re-filed the I-140 in premium and last week my I 140 got approved!!

Others in similiar boat - just because somebody on the forum is so sure the case will be denied, don't you loose your hope yet!!!!!!!!!!!!!

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