H1B Extension (Prem Processing) denied, few days left in current H1B

[fulash]

Hi,

My H1B Extension denied today. I have about 17 days left in my current H1B. If I file a Motion or Appeal right away, can I continue working on the receipt? What should be the proper way to make sure I can continue working?

 

fulash

[rahul412]

Hi,

My H1B Extension denied today. I have about 17 days left in my current H1B. If I file a Motion or Appeal right away, can I continue working on the receipt? What should be the proper way to make sure I can continue working?

 

fulash

There is no way you can continue your work. You need to stop working now and you cannot work when your MTR is under process.

 

Best option is to file new H1

[fulash]

The reason for denial is this

 

I have completed 7 years on H1B, my 140 is approved.

Recently my employer had filed for 485 which was denied because my priority was not current.

 

the denial says because my 485 was denied, I cannot use 140 to extend my h1b any further

[rahul412]

The reason for denial is this

 

I have completed 7 years on H1B, my 140 is approved.

Recently my employer had filed for 485 which was denied because my priority was not current.

 

the denial says because my 485 was denied, I cannot use 140 to extend my h1b any further

Why did your employer filed 485 when your PD was not current?

[pontevecchio]

Please get a Lawyer involved.

[JoeF]

An MTR does not give you any immigration rights. You have to stop working when the H1 expires, and you have to leave the country.

And you can't file anything, only the employer could file it.

The employer seems to be rather clueless. Does the employer have a lawyer? If not, they should get one since they are clearly in way over their heads.

[GNH]

I cannot believe that reason . Have you see the denial letter that you cannot extend h1 based on 140 because you filed 485?

[fulash]

I cannot believe that reason . Have you see the denial letter that you cannot extend h1 based on 140 because you filed 485?

Yes I have seen the letter. It was very cryptic listing too many sections and clauses that my mind could not decipher.

 

But basically it said, my earlier 485 was denied, which prevents me from using my approved 140 to get any H1B time. Had I not filed the 485 and got denied, I would have been approved (the h1 ext denial says so)

[GNH]

Talk to a lawyer ..., this is new info to me.

[fulash]

So this is what my lawyer says how he interpreted the denial.

 

In order to file your H1B beyond 6 years based on an approved 140.. One of the two has to suffice

 

1. You are not at the time of filing H1B eligible to file 485 (priority is not current).

2. Your 485 is filed and is in pending status.

 

USCIS saw that my 485 was denied last year because we erroneously filed when priority was not current... they thought it was denied for a different reason; so they assumed I was eligible for 485 without a pending application of 485 to go by.