I-140 Denied - Please Help


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My case very typical and never read such case in any forums.

My PERM was approved in Aug-2010 and filed I-140 in Nov-2010.

I have also filed for H1 extension in Dec-2010 while I140 was pending.

I will be completing 6 years by Jul-2012.

As per the USCIS rule, I should get H1 extension till Jul-2012 but my lawyer filed a 3 year extension and got approved through

May-2014. I am not sure, how I got 3 year extension while I140 was pending.

Now, last week the I140 was denied, do not the reason yet.

Now, the question is, Can I stay and work in US until 2014. Why I am asking the question is lets say if I decided that I do not want GC then I do not file an appeal for I140 and then how can I stay in this country beyond 6 years without GC process?

I have valid I-94 through May-2014.

Thanks in advance.

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  • 1 month later...

You cannot stay in this country with a valid GC process ongoing. If you decide not to appeal your I-140 case then you must leave this country after your I-94 expires. Re-apply new h1 and then come back. Appeal is your only hope of staying beyond 6 years. Else file a fresh I-140.

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