Legal Question in Immigration Law in California
re apply i-140 denial
i got denial notice in may 2008 for I-140 in EB3 category.i applied for aao but got denial notice in aug2008 due to ability to pay.My 6 th h1b extension is pending and will expire in feb 2009 .Any idea if i can re apply for this AAO or I140 denial.or there is any other option to get stay legally in usa
4 Answers from Attorneys
Re: re apply i-140 denial
You can take the appeal to the next level...but should re-apply for I-140 as well. In the past, I have been sucessful in overcoming the ability to pay issue by showing the personal asset of the owner.
Re: re apply i-140 denial
You can file a new I-140, but you will have issues come expiration of the H-1B. You need advice to determine alternatives. The I-140 is dead, unless AAO made a huge error, which probably is not the case. Ability to pay is a huge issue these days. The only other choice would be to sue in federal court.
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Re: re apply i-140 denial
We do not really know your case but we have a matter with a client who encountered a similar situation. Under the circumstances, we filed an Appeal of the I-140 denial and we also refiled the I-140 and we also then filed the (beyond the 6th year) H-1B. Also, you may also be able to shift to another nonimmigrant visa but that analysis would depend upon your background and if you are still maintaining H-1B status.
Re: re apply i-140 denial
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