h1b extension with possible i-140 denial

[pathfinder777]

hi,

I am in the 6th yr of h1b which ends on June 30th.I am planning to apply for 7th yr extension with company A on March 5th under premium processing based on pending I-140 with company B. Company B initiated green card process under future employment category and filed I-140 under regular processing. We got 1st RFE in september 2011, to which attorney replied in november.RFE is related to the company’s ability to pay. Got NOID on January 10th. Uscis stated “intent to deny”.uscis received the response on January 23rd. Online status showing we will get the decision with in 60 days i.e., march 23rd. I want to get the 7th yr extension before the I-140 decision.

1] If we get the 140 denial after applying for H1b will they deny my H1b petition as well?

2] If the 140 is denied before filing for H1b my attorney is ready to open MTR.I read in few blogs that we will receive MTR receipt within 10 days and we can file for H1b submitting the copy of the receipt with the petition. Is this true? Does it have any adverse affect on my h1b approval?

Can anyone plz answer my questions. Thanks in advance.

[pathfinder777]

50 views.no reply!!!! c'mon guys,plz answer.thanks.

[dgm]

If MTR is on pending status, It should not affect H1 Application.

[noauditplz]

since it is extension for 7th year, H1B petition is always based on PERM and I140 Approval. if your PERM is applied a year before your 6th year H1B end date, then you should be able to get 1 year extension but RFE is possible to prove that you have an approved PERM. if your PERM is applied after your 6th year H1B started then you need to have I140 approval without which USCIS will deny the H1B extension as it is solely based on approved I140.

I want give you the facts and I dont mean to scare you.

[pathfinder777]

h1b applied on march 6th under premium processing at CSC.approved on 9th.got 7th yr extension.thank GOD.i'm relieved.but my 140 is still in in the RFE status though.need to start perm with the new company as i have time now

[Ricky27]

Hello,

Congrats!

Did you apply for 7th year extension thru company A without any approved i140 or approved Labor from A?

I have my approved I 140 from my previous employer(A). I am with B now and my PERM is under process.

Is it sufficient enough to get my 7th year extension if i already have I 140 from my A.

Can you please reply.

[kalyan_ac]

Hello,

Congrats!

Did you apply for 7th year extension thru company A without any approved i140 or approved Labor from A?

I have my approved I 140 from my previous employer(A). I am with B now and my PERM is under process.

Is it sufficient enough to get my 7th year extension if i already have I 140 from my A.

Can you please reply.

You cannot use the I140 from A for an extension with B.

[Ricky27]

Hello immigrationseeker,

I asked some lawyers & they told that they can use previous i140 from A (active) to file for 7th year extension while i am with B.

Can anyone suggest me please?

[kalyan_ac]

Hello immigrationseeker,

I asked some lawyers & they told that they can use previous i140 from A (active) to file for 7th year extension while i am with B.

Can anyone suggest me please?

You can use the I140 (active) from A to file for the 7th year extension for B. This is only as long as the I140 is active, the moment A revokes it you will be out of status.

Why would A keep your I140 active if you move out unless you both are in good terms and he continues to process your GC for future employment.