I-140 Denied Questions?

[svhari24]

Hi All,

My I-140 has been denied yesterday and the reason is not known yet.I have following question regarding my options.

1) I filed H1 on Oct2nd 2010 for my 7th yr extension based on my labor being applied 365 days before my 6th year and the decision is still pending. Now as my I-140 being denied, am i eligible to get the H1 approved? (is 7th yr extn is possible only for those I-140 decision is pending?)

2)Can i reuse the approved labor and file another I-140 with the same employer?

3) As my labor approved in March, I already finished my 6month period to use the approved labor. Am i still be okay to reuse the labor as one I-140 is being used before 6months and trying for next one?

4) Can be able to change to F2 status and work?(My wife status is F1)

5) If i am on F2/F1 status for 1 yr with out work, am i eligible for new H1 without spending 1yr out of US?

Any information would be greatly appreciated.

[schintala]

1) I filed H1 on Oct2nd 2010 for my 7th yr extension based on my labor being applied 365 days before my 6th year and the decision is still pending. Now as my I-140 being denied, am i eligible to get the H1 approved? (is 7th yr extn is possible only for those I-140 decision is pending?)

a) You can appeal the I140 decision so as to buy time to get H1 extentions. You are eligible to H1 extentions beyond 6th year based on pending I140 appeal.

2)Can i reuse the approved labor and file another I-140 with the same employer?

a) Yes. You can use the same labor in differnt category provided the requirements matches.

3) As my labor approved in March, I already finished my 6month period to use the approved labor. Am i still be okay to reuse the labor as one I-140 is being used before 6months and trying for next one?

You can use the same to refile it.

4) Can be able to change to F2 status and work?(My wife status is F1)

You can change to F2. I don't think you can work on F2.

5) If i am on F2/F1 status for 1 yr with out work, am i eligible for new H1 without spending 1yr out of US?

I am not sure about it. As for as I know, you should be out of country in order to get 6year H1 term. But check with immigrant attorneys.

[svhari24]

Thank you SChintala.

[svhari24]

Can some one answer for my question 2 above.

Can i reuse the approved labor and file another I-140 with the same employer?

[rach97gan]

Dear sahari24,

 

I am curious to know, did you end up COS from H1 to F2? I have similar situation, NIW denied, now planning to COS from H1 to F2, but am worried that having had filed NIW would be interpreted as having immigration intent, as there is a question in I-539 "3. Answer the following questions.  If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.b. Has an immigrant petition ever been filed for you or for any other person included in this application?"  If I answer yes, and say that NIW was filed and later denied, will that affect the COS from H1 to F2?

 

Thanks!