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Robert Kumar
12-24-2010, 01:54 PM
Please advise urgently.

Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.

1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.

varumo_varatho
12-24-2010, 04:59 PM
H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions.

You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.

Best of luck on your 140




Cheeers !

austingc
12-24-2010, 11:25 PM
Please advise urgently.

Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.

1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.

Sorry to hear about your I-140 denial. Can you tell us why it was denied?

1.Nothing will happen to your H1B, you can continue to work once you get your H1B extension is approved.
2. yes. You can get 1 year extension in March based on your pending MTR. It's a good thing your attorney filed an MTR.
3. If your 140 MTR is denied after your H1B extension is approved then you can work until your H1B expiration date. Make sure you file another labor immediately while the MRT is pending. So in case if your MRT is denied then at least you have a back up.

austingc
12-24-2010, 11:32 PM
H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions.

You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.

Best of luck on your 140




Cheeers !


Varumo_varatho,

Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.

Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?

If you donít know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.

I would suggest you to change your screen name to Thriyumo_Thriyatho

varumo_varatho
12-25-2010, 11:58 AM
Varumo_varatho,

Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.

Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?

If you donít know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.

I would suggest you to change your screen name to Thriyumo_Thriyatho

Dear Mr. Rude Know it all aka austin gc,

I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.

I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.

On the topic, the thread opener can talk with his lawyer on what i posted.

Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.

Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.

austingc
12-26-2010, 11:41 PM
Dear Mr. Rude Know it all aka austin gc,

I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.

I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.

On the topic, the thread opener can talk with his lawyer on what i posted.

Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.

Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.

varumo_varatho,

I do not know you personally and I did not mean to attack you. First of all I am really so sorry that you felt that way and I apologize for that. When you post something in the forum, it’s not personal anymore. There are lots of people give free opinion based on rumors and confuse the person. There are a lot of so called lawyers around us who makes so many mistakes and ruin innocent people’s lives. In my opinion, people in the forum know immigration policy better than them. That’s why folks come here to post their questions. I have been around in these forums for years and years and reading several forums since 2003. I do not post anything unless until I had personal experience or I know the answer for sure. I have seen people repeatedly post incorrect information which completely contradicts original poster’s question. So once again I apologize and I have nothing personal against you.

Let’s come to the topic. The original poster clearly mentioned that his 140 was denied and his current H1B approval was based on his pending labor and since he applied for I-140 it is not pending anymore. Your answer was ‘He can file extension based on approved labor’. He did not mention anywhere that he filed his extension based on approved labor.

You said ‘H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions. You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience’.I had asked you to tell us exactly about your personal experience to clarify things here but you did not post it. I think you may have forgotten. Again, I am not attacking you personally but wanted you to post your personal experience that was related to the original posters question here, so people who read this particular topic can get educated including me. You are welcome to post any link to USCIS guidance if you have one.

If you want to say anything about me other than the topic then you can send me a personal message and we can talk, so we will not waste everyone’s time. Yes, I made a mistake by asking you to change your screen name but lets take that away from this topic.

sbmallik
12-27-2010, 04:18 PM
To the original poster:

Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.

BTW - even the H-1B extension can be applied based on 'Labor Certification applied more than a year ago' criteria an I-140 denial will override the above benefit.