Legal Question in Immigration Law in Maine

appeal

my h1b got denied. i have been in the usa for 3 years. i always was legal and working. i have filed the appeal. am i in status while it is pending or should i maintain my status some other way? if i get denied what are my other options to stay in the country. i would like to stay and work here. i have a bachelor degree. i'm willing to move. i have no other employer. maybe somebody could help me find the employer who would apply for my h1b? what are the chances for me to get aproved on the other petition with the other employer if i have been denied previously?

thank you in advance for the attention to this matter

regards


Asked on 5/05/04, 8:21 pm

2 Answers from Attorneys
David Nachman Nachman & Associates, P.C.

Re: appeal

Unfortunately you are no longer in status once your H-1B is denied. In other words, a Motion To Reopen and Reconsider and/or an Appeal do not keep you in status. You will need to look for another way to stay in status. You should do this before you accrue 180 days of unlawful presence. Please feel free to contact our office at 201-236-9998 or to visit us on the web at www.visaserve.com for more information.

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Answered on 5/05/04, 10:05 pm
Myron Morales Lee Lane Smith LLP

Re: appeal

The appeal does not afford you a status and can take up to one year. Most end in denials. You should apply for another status if possible before you accrue 180 days of unlawful status.

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Answered on 5/06/04, 8:56 am


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