7th year extn denied- I140 approved-URGENT

[Chinnu126]

I got my 7th year extn denied. I had my I140 approved in nov-2012.

My 6 years on H1 got over by jan-31 2014 and i got the denial notice after rfa on my 7th year extn on mar-24. Dont know the reason for denial yet.

What are the options that i have now?

Your valuable suggestions are welcome.

[jairichi]

I got my 7th year extn denied. I had my I140 approved in nov-2012.

My 6 years on H1 got over by jan-31 2014 and i got the denial notice after rfa on my 7th year extn on mar-24. Dont know the reason for denial yet.

What are the options that i have now?

Your valuable suggestions are welcome.

Start packing to leave US. Based on reason for denial your employer's attorney would advise you whether an appeal can be filed.

[Chinnu126]

Does that mean there is. No other chance to get back to work?

>> can i file for h1 transfer as i hv approved I-140?

>> what is the chance of getting onto F1?

[jairichi]

Does that mean there is. No other chance to get back to work?

>> can i file for h1 transfer as i hv approved I-140?

>> what is the chance of getting onto F1?

Yes, a new employer can file for a H1B extension based on approved I-140. But, since you are currently not on valid status in US you would be expected to leave the country as your H1B extension petition would be approved as consular processing.

Do not take the F1 route. Ask your attorney about other options.

[Chinnu126]

Also what abt changing to h4 and then to f1?

My spouse is having valid h1 till july 2014

[jairichi]

Also what abt changing to h4 and then to f1?

My spouse is having valid h1 till july 2014

Changing to H4 is fine to allow you to stay in US and hunt for a job. Once you find an employer you can get H1B extension based on approved I-140.

Forget F1 route as F1 does not allow you to have immigration intent.

[rahul412]

Also what abt changing to h4 and then to f1?

My spouse is having valid h1 till july 2014

Forget F1, after working on H1 for 7 yrs you can't get F1. H4 is the best/ only option you have.

[Chinnu126]

Thank you!! I was advised by my lawyer to go to india and get H4 stamping then come back here on h4.

[jairichi]

Thank you!! I was advised by my lawyer to go to india and get H4 stamping then come back here on h4.

That is a good option.

[Chinnu126]

Got to know about the denial reason. The reason was the USCIS didnt get the updated agreement between my employer and tge prime vendor. The agreement they had received was ending in march 2014, hence they denied my extn. But i did take the new form and sent to my employer. It was missed somehow.

Now, my employer is suggesting an approach of applying for some supervisor review and asking me to stay here for another 10 days. According to him it will be decided in 10 days.

I am not sure what to do. Please advice!!

[Chinnu126]

The denial reason was due to a missing document in submission regarding my project duration.

We do have that document.

How safe is it if my employer send an email with all these details to uscis requesting supervisor review?

[t75]

Your employer's attorney should be handling this.

[tejasP]

Got to know about the denial reason. The reason was the USCIS didnt get the updated agreement between my employer and tge prime vendor. The agreement they had received was ending in march 2014, hence they denied my extn. But i did take the new form and sent to my employer. It was missed somehow.

Now, my employer is suggesting an approach of applying for some supervisor review and asking me to stay here for another 10 days. According to him it will be decided in 10 days.

I am not sure what to do. Please advice!!

 

have you not submitted client letter with duration?

[Chinnu126]

We did took the letter. But i was not sure how its missed. God knows, Whether its missed in the package or missed during the review....but my extn got denied with that reason.