H1 extension with I140 denial in 6th year


Amar1234

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Hi 

my employer started my green card process in 6th year of my h1 and I got my perm approved but my I140 got denied. 

Perm process started on 5/23/17 

i140 denied on 3/13/18

h1 6th year expires on 4/21/18

i was out of country for 1 month so if I reclaim that month I can get an extension on my h1 till 5/21/18 

can I go out of country for 1 week so my h1 would extend till 5/28/18?

Doing above will I be eligible for h1 extension for 1 year so I can reapply for i140?

Also can you tell me how to handle my I140 denial? My employer wants to resubmit, by doing that will they consider the premium Processing and respond me in 15 days.

thanks in advance

 

 

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You don't get extended because you did not live in USA for partial time. In order to get extension of H1b beyond total of six years, you must have approved I-140. My advice is to find out the core reason of your I-140 denial. This is most necessary thing for you to do on top of doing I-140 in premium. Hire outside attorney to find that reason and rectify it before company submits second I-140 application. If you do not rectify that, it will likely get rejected again and you will lose precious time.

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