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yashwin
03-19-2012, 05:20 PM
Hi Folks,

I applied for my H1 Extension for the 7 yr with Labour and I 140 Approved in Feb 2011 under EB3 catagory.

I got a RFE in July 2011 and my lawyer replied on 10 AUG 2011 . I did not get the update till 15 Mar 2012.

Today ie 19 Mar 2012 , I got a denial SAYING that they are not SATISFIED with the JOB description whereas THEY have ONCE APPROVED and later EXTENDENT the H1 for the same JOB

Gurus Please SUGGEST .....

TeddyKoochu
03-19-2012, 09:08 PM
Hi Folks,

I applied for my H1 Extension for the 7 yr with Labour and I 140 Approved in Feb 2011 under EB3 catagory.

I got a RFE in July 2011 and my lawyer replied on 10 AUG 2011 . I did not get the update till 15 Mar 2012.

Today ie 19 Mar 2012 , I got a denial SAYING that they are not SATISFIED with the JOB description whereas THEY have ONCE APPROVED and later EXTENDENT the H1 for the same JOB

Gurus Please SUGGEST .....

The H1B extension and GC are 2 separate processes. Post 6 Years extension is based on GC process being active. Now when you h1 extension was being adjudicated your GC process was alive as in the I140 was not denied so you got an approval. However now your GC process is not active unless you appeal the decision, I have seen similar cases and mostly what people do is that you continue on H1 and start another GC process ASAP while appealing the denied case. Some people are also of the opinion that since the H1 extension is based on the GC process that is denied therefore itís not valid anymore however this is the minority view. You should consult a qualified lawyer ASAP as this case is quite serious and you would not like to accrue any illegal presence. All the best I hope you get past this, in my opinion your h1 is valid this is based on what has happened in one of my colleagues case but every case is different and USCIS may interpret differently do consult your attorney.

fide_champ
03-19-2012, 09:09 PM
Hi Folks,

I applied for my H1 Extension for the 7 yr with Labour and I 140 Approved in Feb 2011 under EB3 catagory.

I got a RFE in July 2011 and my lawyer replied on 10 AUG 2011 . I did not get the update till 15 Mar 2012.

Today ie 19 Mar 2012 , I got a denial SAYING that they are not SATISFIED with the JOB description whereas THEY have ONCE APPROVED and later EXTENDENT the H1 for the same JOB

Gurus Please SUGGEST .....

What was the RFE about? Your lawyer either messed up the response or USCIS erroneously rejected your H1. You can open a MTR or file a new extension, consult a good attorney otherwise.