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I-140 - Denied - What Are My Options?

Discussion in 'Notices - please read' started by Raja32, Apr 26, 2016.

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  1. Raja32

    Raja32 New Member

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    Situation:
    • My priority date is July'15.
    • My PERM got approved in Feb'16 and my 6 years of H1B completed in Feb'16 as well (I left US 2 days before the actual end date).
    • I'm in India now since Feb'16.
    • My I-140 (premium - EB2) got denied last week after we responded to the RFE.
    Questions:
    1. What are my options now?
    2. Can I get a 1 year H1B in July'16 (365 days after PERM filed) if my employer REFILES/APPEALS/MTR the I-140 now?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, you may apply in July. You may also take an appeal on your I-140 - depending upon the basis for the denial.
     
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  3. Raja32

    Raja32 New Member

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    Thanks a lot for your response sir! It got denied because of a gap of a few years between my "degree completion" and "certificate issue" date, which eventually reduced my 60 months of post-bachelor experience by quite a few months! I'm trying to secure a letter from my institution to clear this confusion with date. After which, we will probably go for MTR or Appeal.
    1. What would be your preferred approach - Motion to Reopen/Reconsider or Appeal?
    2. What is the likelihood of my H1B being approved based on the pending I-140 under MTR or Appeal process?
    3. Do you offer any free or paid consultation - then I could contact your office and request a schedule an appointment?
    Thanks!
     
  4. Raja32

    Raja32 New Member

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    It has been decided that we will Refile the I-140 based on the same approved PERM. Is there anyway we can convert this to "premium" after a couple of weeks?
     

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