I-140 denial on 6th Yr. Requesting the best options

[philipGC]

Hi Experts,

My I-140 got denied today - May 9th. Haven’t got the notice yet and may get this week.

I’m already on my 6th Yr on H1B, current H1B is expiring on July 2011. 6 years completes by Oct 2011.

I was out of country for ~ 5 Months on vacation in last 5 Yrs period.

What are my best options? Please advice.

1. Can I apply for H1 extension first for 20 months in one application – see the below scenario

July 2011 – Oct 2011, for 3 months, which is left from regular 6yrs limit

Oct 2011- Feb 2012, for 5 months, by recapturing unused H1B time in last 5 Yrs

Feb 2012 – Fe 2013, for 1 Yr period as 7th Yr Extension based on approved labor

2. After the applying H1B, Do I need to wait till I receive the H1B approval, and then appeal the I-140?

Within how many days, I have to appeal the I-140? What is success rate on I-140 appealing cases?

3. How much the current I-140 denial will impact the H1B extension application?

Its urgent, Please reply. Your advice will be much appreciated.

Thanks,

Philip

[philipGC]

Please reply..

[schintala]

You can get 1 year extentions beyond 6 years if you file the appeal on I140 decision. Generally USCIS gives 30 days to file the appeal. Once you received the appeal receipt notice, you can file for extention based on pending appeal.

[philipGC]

Thanks for your reply