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I-140 on appeal, unlawful status if this is denied

Miami, FL |

I filed an appeal for I-140 denial. Been extending my H1b status past 6 years based on pending appeal. If appeal is denied lets say 2 years down the road.... would unlawful presence be retroactively applied to my status while waiting for appeal decision thus triggerring 10 year bar?

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Attorney answers 2


You unlawful presence is tied to your non - immigrant status. Do you also have a I-485 pending.. or now denied?

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at



I-1485 is pending but I would assume that it would be denied in the next few months because I-140 was denied.


No. The I-94 controls your status.

You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.