I 140 on MTR - H1B extension 7th year


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My I 140 was denied with the reason that campnay was fruad, body shop etc. In reality it is not. The company records are very good. In the denial notice it was mentioned that my labour is invalidated. My H1B is going to end this January. Would I get my 7th year extension on the pending labour since I 140 is on MTR? Please advice.

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You are still eligible to extend the H1B by one year if a timely filed Motion to Reopen/Reconsider (MTR) the denied I-140 is pending at the time the H1B extension is filed and your GC case has been pending 365 days or more.

You and your employer should also discuss doing a backup PERM case just in case this I-140 doesn't get approved.

You should have an experienced immigration attorney review the case thoroughly to assess your current PERM case and to advise whether a backup case is necessary. Although when USCIS denies a case for fraud, it is almost certainly a good idea to start the backup case immediately. You should also contact an experienced H1B attorney to discuss filing the extension, especially if the petitioner is accused of committing fraud.

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