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Immigration Issues/a complex situation and H1B denial

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Question
Dear Mr. Arora,

I am Hetal Velani, a software engineer working in US. First of Thanks much for the help you are providing to people like myself. Basically, my situation is a complex one.
- I waa working for a company, Silkone Inc, who filed for my green card in May 2002.
- My 6 years H1B was valid till 27-Jun-2003
- Due to bad economy i returned to India on
04-apr-2003 after filing for 7th year H1 thru Silkone as i was eligible for it.
- I was working for a "different" company in India. My 7th Year H1 got approved and i stamped it in Oct2003, which was valid till 27-jun-2004
- I returned to US on 20-apr-2004 on "this" 7th year H1B to the same company, with around 2 months left on H1B. I spend ~382 (more then 365) days out-of-us
- I was eligible for 1 year estension (8th year) based on my pending green card application. But my attorney suggested of going for 3 years extension as i spent more then 1 year out-of-US.
- I filed for "this" extension on 1-jun-2004
- I received 4 RFE between then and now
- today (28-feb-2005) i received H1B DENIAL.

The questions are,
- What are my options here?
- What is my typical grace period in this case?
- Is there  any possibility to file for "extension" thru another company as my green card is still pending? I've also crossed 240 days since  my i-94 has been expired.
- My attorney says if i "file" for extension thru another company, there is a possibility of getting it. Does H1B cap limit for 2005, which already over, applicable in this case?

I heartly appreciate any help in this regard,

Thanks in advance
Hetal


Answer
Hi Hetal,

You appear eligible for extension based on either application for labor certification or I-140 pending for one year. Since there is only a 10-day grace period after denial, my recommendation is that the extension be filed as soon as possible, and hopefully the H-1B approval notice will have an I-94 attached to the bottom so that you can continue to remain in the U.S. (you will not have to travel abroad to a U.S. Consulate to be issued another visa). You are not subject to the visa cap since the visa cap is not a problem with H-1B extension or transfer cases.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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