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I-140 Daniel Status

Philadelphia, PA |

Dear Lawyers,

My I-140 got denied on 04/30/2014 and I got a status mail in the after noon since I have setup the auto email update. However later in the night I got an another mail that is post decision activity with the status as below. On April 30, 2014, we mailed you a notice informing you that your I140, IMMIGRANT PETITION FOR ALIEN WORKER, was reopened. If you have not received the notice within 30 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address

My question is what do they mean by "Was Reopened" ?

I only have 5 months left on my H1-B. What other options am I looking at to get the H1 extension beyond 6th year?

Thanks
Karthik

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Attorney answers 3

Best Answer
Posted

The online notification system can be confusing at times--who knows whether that is due to data entry errors or whether it is technical. In any case, what happened here is that the case was likely denied, then the case was reopened. This means that for the moment the case is nether denied nor approved, but still pending--as if you never got the first email at all. With respect to H-1B extensions, a three year extension is possible if the I-140 is approved. You also may be able to recapture time spent outside of the U.S., if applicable. You can discuss this as well as other nonimmigrant visa options (E-2, F-1), if applicable, with an immigration attorney.

Attorney Khurgel is a former USCIS and State Department Embassy Officer. His comments on Avvo are general advice, and do not constitute an attorney-client relationship.

Asker

Posted

Thank you so much for the response.

Jeff L. Khurgel

Jeff L. Khurgel

Posted

Glad it was useful, best of luck.

Posted

I-140 approved, MTR pending or appeal pending, will make you eligible for post 6 year extension. Discuss these rules in detail with your attorney.

Asker

Posted

Hello Jagbir Thank you for your response on H1-B extension beyond 6th year. any idea what this status means for the denied I-140? we mailed you a notice informing you that your I140, IMMIGRANT PETITION FOR ALIEN WORKER, was reopened

Jagbir Singh Terkiana

Jagbir Singh Terkiana

Posted

The later notice from USCIS is controlling. Cases can be reopened by USCIS on its own, or when employer filed MTR. Hard to comment without looking at the case documents. Your best bet is to check with the attorney handling this. Otherwise schedule a consultation.

Asker

Posted

Again thanks so much for your response. I will talk to my attorney.

Jagbir Singh Terkiana

Jagbir Singh Terkiana

Posted

Good luck.

Posted

It sounds like someone filed a motion to reopen (MTR) the denial; reopening means that the denial is being reconsidered and may be reversed. Perhaps it was your employer's lawyer who filed the MTR. You should talk to him.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

Asker

Posted

Hi Aggie Thanks for your response. I spoke to my attorney he hasn't even gotten the denial notice from USCIS and hedidn't reopen the case yet. I am just confused about this status.