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My case very typical and never read such case in any forums.


My PERM was approved in Aug-2010 and filed I-140 in Nov-2010.
I have also filed for H1 extension in Dec-2010 while I140 was pending.
I will be completing 6 years by Jul-2012.
As per the USCIS rule, I should get H1 extension till Jul-2012 but my lawyer filed a 3 year extension and got approved through
May-2014. I am not sure, how I got 3 year extension while I140 was pending.

Now, last week the I140 was denied, do not the reason yet.

Now, the question is, Can I stay and work in US until 2014. Why I am asking the question is lets say if I decided that I do not want GC then I do not file an appeal for I140 and then how can I stay in this country beyond 6 years without GC process?

I have valid I-94 through May-2014.

Thanks in advance.

By the way, what was your reason for denial of I-140? Did you got through an attorney or did you do it all yourself?

My case very typical and never read such case in any forums.


My PERM was approved in Aug-2010 and filed I-140 in Nov-2010.
I have also filed for H1 extension in Dec-2010 while I140 was pending.
I will be completing 6 years by Jul-2012.
As per the USCIS rule, I should get H1 extension till Jul-2012 but my lawyer filed a 3 year extension and got approved through
May-2014. I am not sure, how I got 3 year extension while I140 was pending.

Now, last week the I140 was denied, do not the reason yet.

Now, the question is, Can I stay and work in US until 2014. Why I am asking the question is lets say if I decided that I do not want GC then I do not file an appeal for I140 and then how can I stay in this country beyond 6 years without GC process?

I have valid I-94 through May-2014.

Thanks in advance. The nonimmigrant H-1B is independent of the I-140 (EB-???) to a point and where they influence each other under AC21 it does get confusing....

http://www.uscis.gov/USCIS/Laws/Memo...21_30may08.pdf see especially page 5 of this memo where it talks about maximum 3 year extensions.

Discuss it with your lawyer.

Hi,

The reason for the denial is that my lawyer filed my I140 under EB3 professional category. I have Indian B.Sc (3 years) + M.Sc(2 years) + 7 years exp. However, USCIS did not agree on my Indian PG is equivalent to US Bachelor degree. My labor says US Bachelor degree + 2 years experience or alternative foreign equivalent degree. USCIS did not agree on PG.

Now, we are re-filing under "Skilled Worker" category.

My lawyer said I can stay until 2014 but I do not believe that and need experts help from this forum.

Thanks,
Reddy33