Legal Question in Immigration Law in California
Unique complicated immigartion caseI-140 deniedH1B denied
1)Ist H1B approval from 01/14/01 to 11/30/03 in Company A
2)Came to USA on 07/16/01
3)Join Company B in may2002 and H1B transferred filed
4)Transferred H1B approval 06/06/03-01/01/05 on behalf of company B
5)Next H1B filed and approved, approval dates are 01/02/2005 to 07/16//2007
6)Labor is filed in EB3 on Feb03
7)Labor EB3 approval date July,05
8)I-140 file in Nov05, no I-485 filed priority date was not current.
9)I-485 file on June07 being priority date current ,I-140 still pending.
10)EAD and AP got approved Aug 07 for One year.
11)7th yr H1B ext filed on 05/31/07 for one year based on I-140 still pending
12)8th Yr H1B ext filed on 02/10/08 without getting 7th year H1B approval.I-140 still pending.
13)Mandamus filed on Feb27,08 for I-140 being pending from Nov05.
14)EAD and AP renewls filed in May08.
15)I-140 denied on June08.
16)I-290B filed Notice of appeal to the commissioner on July08.
17)New labor PERM EB2 filed in July08 and pending.
18)I-290B Notice of appeal to the commissioner denied on Aug22,08.
19)EAD and AP renewl denied Sep08.
20)Re apply I-140 EB3 on Oct08.
21)9th year H1B filed in Oct08 based on Reapply I-140
22)7th,8th yr H1B got denied in Jan23,09.
Can someone guide WHAT SHOULD i DO?
3 Answers from Attorneys
Re: Unique complicated immigartion caseI-140 deniedH1B denied
First of all, you need to depart the U.S. in for sure fewer than 180 days from the date of denial. Don't dilly dally. Make other plans. Employer might need to finish case up with you abroad and it will take years. Do you have any other petitions or labor certifications filed or approved? When file? Where were your parents and grandparents born? Did any of them become U.S. citizens to your knowledge? Did any of them ever hold permanent residence or register for permanent residence?
To get at least a second opinion and advice that the answers to these questions would bring out, write to me at [email protected] or check me out at http://www.yardum-hunter.com.
Sincerely,
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
Re: Unique complicated immigartion caseI-140 deniedH1B denied
Other than Motion for Re-consideration ..I do not think you have much hope. Contact me directly.
www.amyghosh.com
Re: Unique complicated immigartion caseI-140 deniedH1B denied
This question sounds suspiciously like the question posed yesterday, which I answered. It seems like you, or whoever your attorney was (or is) during all these filings have been "gaming" the system. Filing for 8th year H-1B extension AND 9th year H-1B extension without having the 7th year H-1B approved? This practice is known as "bridging", or filing new extension after extension while previous ones are pending to try to stretch the length of stay in the U.S. USCIS caught on to this game long ago; you won't fool them for a minute.
Like my previous answer and the two other attorneys who answered today, your best hope is to leave the U.S. now and maybe wait for approval of the EB-2 I-140.
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.
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