Can i 140 be rejected

If your employer decides to reapply, it should be sure to include a copy of your master's degree the next time around. Submitting new evidence isn't enough by itself: The petitioner will have to resubmit ALL of the previously submitted evidence as well and pay the USCIS filing fee again. Be sure to communicate with your employer in order to make sure that all of the required information is present in the second filing.

One way to do this is to compare the denied petition to the new petition before the filing. Make sure that all materials are up to date, corrected if there was a mistake previously such as a misspelling or other clerical error , and organized, to make it easy for the USCIS officer to review the petition.

Here are some areas to pay particular attention to when filling out Form I a second time: If the I petition is based upon an approved PERM, then in Part 4 of the I form you will need to carefully answer questions 9 and 10, which address whether the filing includes an original approved PERM.

Additionally, you will have to answer YES to question 8, which asks, "Has any immigrant visa petition ever been filed by or on behalf of this person? USCIS will enclose information about the appeal process with the denial notification. If you choose to appeal the denial, you must complete and file Form IB. You must file the IB within 30 calendar days which include weekends from the date you received the denial 33 days if the decision arrived by mail.

Include additional evidence with the appeal if you feel that this documentation strengthens your case. As long as an approved I remains valid, the employee may use it with any including a new employer, as a basis to request an extension of H1B status beyond the standard 6-year maximum.

For this, the I must remain valid until the H1B petition approval. As discussed above, if the petitioning employer withdraws the I within fewer than days of approval, that revoked I petition cannot be the basis to extend H1B status beyond the standard 6-year maximum timeframe that is permitted under the law. As noted above, once the I is approved, the USCIS will grant a request for priority date retention for any other I petition filed on behalf of the same beneficiary.

This applies even if the petitioning employer withdraws the approved I View Larger Image. Option 1: Reapply. Option 2: Appeal. Option 3: Discuss with your lawyer. Call now to request a consultation. Related Posts. I approved with PD Oct H1-B 7th yr extension applied on Nov 2, Received Denial of H1-ext on Sep Reason not known yet - will post it when avail Please answer the following questions..

What options do I have at this point? How long can I stay in the US? Can I continue working with my current employer? Can I apply for new H1 or new H1 extension through another employer given quota is over? This is taking a big toll on me and would appreciate any expert advice. Thank you in advance. Share this post Link to post. DontWorryBeHappy 0. Posted September 13, I have no idea 6.

DontWorryBeHappy thanks for the detailed response and clear answers. The lawyer hasn't got the reason for denial yet so that he can put forth a plan of action. Posted June 30, Create an account or sign in to comment You need to be a member in order to leave a comment Create an account Sign up for a new account in our community.