I-140 denied


gandhamm

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I came here in june 2006 on H1 visa and my H1 is expiring on 21-july-2012.My priority date is Aug 4th 2011. my I-140 has been denied last week based on the future employment location ( My LCA is filed in Charlotte and employer location is Boston).

Would appreciate if you could tell me what all options I have and how long I can stay here in US legally.

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I came here in june 2006 on H1 visa and my H1 is expiring on 21-july-2012.My priority date is Aug 4th 2011. my I-140 has been denied last week based on the future employment location ( My LCA is filed in Charlotte and employer location is Boston).

Would appreciate if you could tell me what all options I have and how long I can stay here in US legally.

By LCA - you mean H1B LCA or Labor Certification for green card? Both are completely different things.

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Generally, you may only remain in the U.S. if you are in valid status or are in a period of authorized stay. It may be possible to appeal the I-140 denial, however it will depend on the reasons for denial and if you have a valid argument. Therefore it is advisable to speak directly to a qualified U.S. immigration attorney experienced in such matters. The Murthy Law Firm has a very well-regarded Special Projects 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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I have a situation where my previous employer filed my i140 on EB2 two days after the expiration(after 6 months) of the labor PERM approval, because of that my i140 got rejected and the reason for rejection was due to the fact it was filed with expired Labor.

I'm now redoing my GC with the current employer, my question is can I carry forward my Priority Date ( Nov 22, 2010, the date of filing of my Labor by my previous emp) to my new GC?

Pls advise!

Thanks in advance!

--VK

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