Legal Question in Immigration Law in California

Re: I-140 denial-H1 B denial beyond six year extension

This is Paul Heller.

I am the Principal/Founder of Heller Immigration Law Group, http://greencard1.com

My email is: [email protected]

Rob Preskill, Esq. in my office sent this over to me.

Terrible situation; someone didn't know what they were doing; were you represented in these matters?

Whether you should abandon everything and return home is another matter, but I'll need much more information from you.

Please call or email me; I'll be more than happy to speak with you about this.

Best,

p

Re: I-140 denial-H1 B denial beyond six year extension

Tough situation to be in. Since your H-1B extension beyond the 6th year was just denied on Jan. 23rd, you're out-of-status since then. If you risk it and wait for the I-140 petition (on the EB-2) to be approved and the I-485 to be adjudicated, you may be more than 180 days out-of-status by then, and adjustment will not be possible for an employment-based applicant. You'd have to go back to your country to get the immigrant visa, but there's a 3-year bar (maybe 10-year bar) to being admitted again.

The safest thing to do is to leave the U.S. within the grace period allowed after expiration of H-1B status, which I believe is 10 days. That way, once the I-140 is approved, you can get the immigrant visa issued at the U.S. consulate in your home country.

Larry Liem Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: I-140 denial-H1 B denial beyond six year extension

I agree you must leave and wait, do you have an attorney working on this? This is the point to invest in one.