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Hi,
My H1 Extension application was filed in July 2011.
My current H1 Visa and I-94 both expired in August.
In October, RFE was received requesting additional documents to prove the validity of stay beyond allowable 6 years.
The RFE also mentioned about my certified Labor that the LC document is a print from DOL website and does not indicates the date on which LC has been certified so they cannot verify if curren date is within the 180 days of LC validity.
Not sure, what was the RFE response from my employer; but I noticed yesterday the Denial and I'm quite worried!
When spoke to my employer, I've been suggested me to exit US as soon as possible; and has not recommended filing an appeal.
I really dont want to exit the country.
I contacted my LC/I-140 case lawyer; and he has provided following support papers; that my employer could use in response to the Denial.
1. Receipt of I-140 filed
2. Letter to USCIS requesting duplicate copy of LC Certificate Approval
3. Fully executed copy of approved LC 9089 form
Questions are:
1. If I want to continue to stay in US, what are the best options available for me? Appeal? I've heard Appeal takes years and does not gives me work status anyway. Is that correct? Is there something called "Clarification Response to Denial" which in contrast to Appeal will be very quick to get me H1 extension.
2. While my appeal is filed; legally am I out of status and should I really leave country asap; or can I continue to stay in US?
2. Since I dont have EAD/I-485/I-140 approved yet, I cannot switch employer and get H1 transfered/re-filed through another employer, kindly confirm.
3. If I do have to leave the country; and assuming my employer moves my I-140 ahead with premium processing and files fresh H1 based on that. How soon or how long will it take to let me re-enter US?
Kindly guide me; how should I proceed.
I would have immense gratitude for appropriate prompt guidance!!!!
Regards!
My H1 Extension application was filed in July 2011.
My current H1 Visa and I-94 both expired in August.
In October, RFE was received requesting additional documents to prove the validity of stay beyond allowable 6 years.
The RFE also mentioned about my certified Labor that the LC document is a print from DOL website and does not indicates the date on which LC has been certified so they cannot verify if curren date is within the 180 days of LC validity.
Not sure, what was the RFE response from my employer; but I noticed yesterday the Denial and I'm quite worried!
When spoke to my employer, I've been suggested me to exit US as soon as possible; and has not recommended filing an appeal.
I really dont want to exit the country.
I contacted my LC/I-140 case lawyer; and he has provided following support papers; that my employer could use in response to the Denial.
1. Receipt of I-140 filed
2. Letter to USCIS requesting duplicate copy of LC Certificate Approval
3. Fully executed copy of approved LC 9089 form
Questions are:
1. If I want to continue to stay in US, what are the best options available for me? Appeal? I've heard Appeal takes years and does not gives me work status anyway. Is that correct? Is there something called "Clarification Response to Denial" which in contrast to Appeal will be very quick to get me H1 extension.
2. While my appeal is filed; legally am I out of status and should I really leave country asap; or can I continue to stay in US?
2. Since I dont have EAD/I-485/I-140 approved yet, I cannot switch employer and get H1 transfered/re-filed through another employer, kindly confirm.
3. If I do have to leave the country; and assuming my employer moves my I-140 ahead with premium processing and files fresh H1 based on that. How soon or how long will it take to let me re-enter US?
Kindly guide me; how should I proceed.
I would have immense gratitude for appropriate prompt guidance!!!!
Regards!
