H1 RFE, i140 approved


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Here is my situation. Since my h1 was expiring on end of Dec 2011, I applied for an extension on June 2011, got an RFE and finally got rejected. We applied for a fresh H1 in the middle of Dec and I traveled to India right after that (Before my h1 expires). Now the new petition got an RFE and our attorney will be replying this week. Recently the priority dates for GC has been moved enough to consider my petition for GC. B/w I applied for the new h1 with approved i140.

My questions are: will I be able to get my GC, if this H1 petition also get rejected. What all options my employer has, in order to get process my GC application further ? Somebody please advice.



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Generally, as long as the I-140 is still valid and the proffered position will still be available after your receipt of the green card- it may be possible to successfully pursue the green card. However, the specifics of your circumstances, the reason the H1B was denied and the details of the position described in the PERM application/I-140 will ultimately determine the likelihood of success in your pursuit of the green card. Therefore, it is advisable to speak to a knowledgeable U.S. immigration attorney directly to discuss your options. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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