Legal Question in Immigration Law in New York

I-140 denial and extension of H1b to new employer

I have an I140 petition denied and under appeal. I am on my 7th year H1b with current employer. I have a new employer sponsoring me and have applied for anew H1b. My current employer is withdrawing the appeal and my Lawyer said I will have problems extending my H1b on March 16, 2009 for another year if my employer withdraws the appeal. Is there any other way I can extend my H1b if my employer withdraws the appeal? Please help. Thanks.


Asked on 9/18/08, 10:01 am

1 Answer from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: I-140 denial and extension of H1b to new employer

If the underlying petition is ultimately denied then you will not be able to extend because there is no basis. The options that may be available are that you file another PERM immediately and see if there is another status that you can drop to (i.e. H-4). Since I don't know your case it is very difficult for me to brainstorm solutions. If you would like to come in and discuss all the facts please feel free to contact me.

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Answered on 9/18/08, 10:45 am


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