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I140 Denied In 6th Year Of H1b

Discussion in 'Suggestions' started by mycase140, May 14, 2015.

  1. mycase140

    mycase140 New Member

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    Hello there,

    my I-140 was denied in my 6th year of H1B because USCIS did not acknowledge 3 years of my real time experience stating that insufficient experience.

    my Attorney filed MTR providing the experience letters fulfilling 5 years of experience.

    Since its been already 3 months I didnt get any response on MTR.

    May I know what are the alternative options for me..!!!

    My H1B is valid till march 2016 and my employer said he is going to apply fresh perm under EB3 if MTR not approves.

    But my worry is I do not have much time for new perm, will I get extension based on the my previously approved perm..??

    Your help is much appreciated.

    Thanks,
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to discuss this with your attorney, but there are remedies available to you.
     
  3. mycase140

    mycase140 New Member

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    Thanks Ron,

    my attorney was confident on the case and he said that still we can file new labor once we get MTR response.

    I am little concern weather uscis should consider my old Perm for the extension of my perm is under processing
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If your PERM is more than one year old, they have no choice, they must give you a one year extension.
     
  5. mycase140

    mycase140 New Member

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    Hi Ron,

    Thanks for your valuable suggestion.

    I got perm approval in jan 2014 and my 140 denied in February 2015.

    My attorney filed MTR in March 2015 but it's still under processing 3 weeks ago my attorney requested for primium process not sure weather they consider my MTR as new 140 (though I got a new LIN no).

    So in worst case if mtr deny I should have only 6-7 months h1b validity with in that short period of time if my employer files new labor it may take 8-9 months to get approval.

    Still I should get one year H1B extension in my case( at the of my perm processing)

    Your suggestion is very much appreciated.

    Thanks
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Since your PERM is more than a year old, you are exempt from the six year limit.
     
    mycase140 likes this.
  7. mycase140

    mycase140 New Member

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    Hi Ron,

    my case status was changed on May14th as below for my i-140 MTR
    "Correspondence Was Received And USCIS Is Reviewing It".


    May I know how long does it take for USCIS (Nebraska Service Center Center)to review since its been applied in Feb.

    My attorney sent a Premium Check but they didn't cashed it.


    Your help is much appreciated.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to discuss this with your attorney. I can't comment.
     
  9. mycase140

    mycase140 New Member

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    Hello Ron,

    my employer is ready to file new labor under EB3 while my MTR (EB2) is under processing.

    Since I do have h1b valid till mar 2016.

    my question is does it effect anything on my current MTR if we file new labor and are we suggested to go for the new labor at this point of time or do we need to wait till my MTR get cleared.

    Because it seems MTR processing time is very slow and my attorney said it will take few more months.

    lets say for the worst case scenario if and only if my MTR gets deny after few months. what are the alternative options for me ..!! though my employer is ready to apply for the new labor should I get the extension on my H1B while new labor is under processing.

    Your help is much appreciated.

    Thanks,
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Filing a new PERM should have no adverse effect
     
  11. mycase140

    mycase140 New Member

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    Hi Ron,

    After five and half months, my attorney expedited my 140 case and today we got the following message, may I know what does it means..!!

    I am little worried, we produced all the required documents when we were filing my MTR.

    Could you please let me know your suggestion on the below issue.

    On August 26, 2015, we began reviewing your Form I140, IMMIGRANT PETITION FOR ALIEN WORKER, Receipt Number LIN1XXXXXXXXX. We mailed you a notice informing you of the action we intend to take on your case. Please follow the instructions in the notice and submit any requested materials. If you do not receive your notice by September 9, 2015, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

    During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.


    Your help is much appreciated and looking to hear from you as early as possible.

    Thanks a ton..!!
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to discuss this with your attorney.
     

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