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140 Appealed and 6th year H1

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  • 140 Appealed and 6th year H1


    I have few questions regarding my I140 and h1b and wanted to have your opinion/suggestions.Below are my questions.

    1.I applied for 140 under EB3 in march 2008 in TSC and got denied and the reason mentioned was my education background,I have a 3 yrs bachelor degree and PG diploma in computers with relevant work experience from last 9 yrs,my lawyer appealed to AAO and now the status says

    "Current Status: This case is now pending at the office to which it was transferred.The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office".

    I spoke to my attorney regarding my case like how long it will take as the priority dates in Texas Service Center is showing the dates prior to my filing date and was told we have to wait for the decision as its reviewed and sent back for standard processing.

    I am in 6th year of H1 and getting expired in Jan 2010.My attorney said will apply for H1 extension in Sep 09.

    Since I140 premium processing has started and based on my case history,my question is can I switch to premium processing from normal processing or has to wait with the present process ?

    2.As I only have 6 months time on H1,I am hoping,if I get to know 140 decision before I file for H1 extension.Please tell me what would be my options ?

    3.My brother is a U.S.citizen and wants to apply for Greencard under family sponsorship.what is the GC processing time filed under family(sibling) sponsorship? or its better to stay with the current process ?

    Please let me know your opinions/suggestions