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


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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.



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