I-290B for I-140 Denail

[Atulinphx]

Hi ,

Please help me out and advice on I-290B for I -140 Denial.

1) What is diff between MTR / Appeal / I-290B

2) Is there Priority date on I-290B

3) My I-40 was denied as My lawyer sent my Premium processing I-140 to standard I-140 Lockbox that too 3 days before my LC Expire. USCIS returned it to send to premium processing address. Premium processing decline it as by that time my labor expired .

4) My 7th year extension is due in Oct 2011. will It get approval based on I-290B

5) Should I apply for New labor with same employer.

6) The new labor will be fresh processing? I mean goes through same advertisement and other paper work that it has gone through before or lawyer can file based on expired LC.

Please advice what should I do and Looking at my case what do you think of my chance are of MTR ?

Regards,

Atul

[Atulinphx]

please let me know anyone have info on i290 b.

[Atulinphx]

Please reply to this.

1) Is there a danger of me getting of status

2) Will I be able to file H1B extn

3) Should I apply for New labor or wait for MTR to clear.

Please advice.

Regards,

Atul

[Atulinphx]

Team, Please help me out. I am looking forward to see some advice or suggestion from forum.

[subramin]

Check your I290B/MTR status online, if its approved/review your 140 should go to pending state.

And if 140 goes to pending, you should be able to file for 1year extn base on your labor cert.

If your MTR is approved, you hv fair chances of getting 140 approved.

Good luck.

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[Atulinphx]

Status on I 290 B and I-140 B

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I140, IMMIGRANT PETITION FOR ALIEN WORKER

Initial Review

On June 9, 2011, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you

I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Initial Review

On July 14, 2011, we received this I290B NOTICE OF APPEAL TO THE COMMISSIONER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.

[Atulinphx]

Both has same status (Initial Review ) . Can someone help me understand this status. If I-290 is still under MTR or sent to AAO ofice for appeal.

Regards,

Atul

[subramin]

Good, if your 140 is in initial review, I would recommend go for 1 year extn base on your labor with PP. You;ll have better chance to get at least 1 year extn.

And in the worst case if 140 denied again, you can go for another labor meanwhile.

Consult a lawyer if required.

Good luck Atul.

--

Subra.

[Atulinphx]

Thanks a Lot Subra. Few more question.

1) What is PP ? ( I would recommend go for 1 year extn base on your labor with PP)

2) When applying for H1-extension. Do I submit both the receipt ( receipt for MTR/Appeal and Receipt for I-140). Question is do I mention that I have apllied for appeal and I-140 was returned by USCIS.

Looking forward for your reply

Regards,

Atul

[Atulinphx]

Hi subra... Please advice

MY LC is expire... still is it possible to go for 1 yr h1 extension with premium processing based on LC. Won't they ask for i-140 applied. I-140 still shows initial review . not sure what it will show when they process my Visa extn . should i submit my I-290B receipt also to show that I have applied for appeal/MTR

Please let me know.. looking forward for your reply

Regards,

Atul

[subramin]

PP is premium processing.

If you have approved 140 you could claim for 3 yr extn, else as your 140 is in pending/review state.

File extn for 1 year ONLY stating 140 pending.

Since, your labor is approved and 140 is in review, you have better chances to get 1 yr extn provided provided you filed your labor 365 days prior to h1 expiry (6th year)

Hope this helps.

Good luck.

--

[subramin]

Hey Atul

Any update on your 140/h1???

[Atulinphx]

Hi Subra / Team,

Unfortunately things are not working right with me. Need your urgent help or Lawyer advice. Please help me out and advice. My I-140 denied. MTR filed . Lawyer called up today and told MTR denied too and they did not file for appeal as I-140 denial says that appeal can not be filed.

Question

1) Is it Possible that I-140 denied and USCIS tell that can not file for appeal. Is lawyer telling truth. Organization changing the Lawyer. So quetioning the reliability of lawyer. ( Denial reason application sent to wrong Lock Box 2 dayz before the expiry of Perm , it was return and when it was sent to right they rejected saying Labor Epired.)

2) I checked MY I-140 status its changed to Deny from initial review but My I-290B status still Initial review. My H1 extension expiring next month. based on that can I file for H1-B extension (8th year ).

3) After MTR Deny can I file for Appeal to AAO Now. Through another lawyer

4) The other option is that I move to Canada with work visa and come back after 1 year. But for that I need some time to apply Canada visa buts as my H1-B visa expiring next month. Knowing my case can I apply for H1-B extension to buy some time. Even I know that it will be rejected, but this will give me 2-3 months till I get rejection from USCIS to get prepare for Canda. My question is that is it legal, my stay in US will be legal or not?

Please help me out. I need advice ASAP as my visa expiring next Month

Regards,

Atulinphx

[subramin]

Hi Subra / Team,

Unfortunately things are not working right with me. Need your urgent help or Lawyer advice. Please help me out and advice. My I-140 denied. MTR filed . Lawyer called up today and told MTR denied too and they did not file for appeal as I-140 denial says that appeal can not be filed.

Question

1) Is it Possible that I-140 denied and USCIS tell that can not file for appeal. Is lawyer telling truth. Organization changing the Lawyer. So quetioning the reliability of lawyer. ( Denial reason application sent to wrong Lock Box 2 dayz before the expiry of Perm , it was return and when it was sent to right they rejected saying Labor Epired.)

2) I checked MY I-140 status its changed to Deny from initial review but My I-290B status still Initial review. My H1 extension expiring next month. based on that can I file for H1-B extension (8th year ).

3) After MTR Deny can I file for Appeal to AAO Now. Through another lawyer

4) The other option is that I move to Canada with work visa and come back after 1 year. But for that I need some time to apply Canada visa buts as my H1-B visa expiring next month. Knowing my case can I apply for H1-B extension to buy some time. Even I know that it will be rejected, but this will give me 2-3 months till I get rejection from USCIS to get prepare for Canda. My question is that is it legal, my stay in US will be legal or not?

Please help me out. I need advice ASAP as my visa expiring next Month

Regards,

Atulinphx

Hey Atul,

Sorry to hear about the MTR denial, I think, you;ll have to consult some good lawyer regarding.

If your MTR is denied, and if you dont have any out country re-capture days left, I think, not many options left.

Better talk to some good lawyer, they would be able to help you.

Good Luck anyway, I can feel your situation, its hard time to go through.

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[Atulinphx]

Thanks for the wishes...Do you know is there any grace period policy after H1 - Extension decesion has come. A person can not just leave country the day he get the rejection from USCIS. Please advice