Very Very Urgent: I140 RFE and 6th year H1B

[mmh1h4h1]

Hi All,

Thanks in advance for your help. My current situation is this :
1. Applied for I140 and received RFE
2. RFE requires Employer's 2007 tax document and my recent W2
3. There is a salary difference in W2 and Labor ( salary < Labor = 7000 USD) and the company was in loss for the fiscal year 2008.
4. This is my 6th year in H1 B and it expires in October,2009

My questions are:

1. Can I transfer my H1 B to another Employer at this situation and apply for my new Labor?
2. If Labor is approved, can I file my I140 premium and apply for 7th year extension?
3. How long will it take to cancel the current I140?

Please help me out regarding this situation.

Thanks and awaiting for your valuable suggestions.

[mmh1h4h1]

Very Very Urgent: I140 RFE and 6th year H1B

Hi All ... Please can somebody respond..!!!

I have a few more questions:

1. If I shift to a new employer can I use my old approved Labor?
2. Can I also use the PD of pending I140 which has an RFE (A2P)?
3. I am in my 6th year H1 B and how far it is possible to get 1 year extension? (I am not clear about this)
4. If the RFE is rejected, then can my current employer apply for MTR and get one year extension?

Thanks for your valuable suggestions and awaiting for your response.

[txh1b]

1st post:

1. You can but the prospect of the labor and I140 getting approved prior to Oct 2009 is bleak.
2. You could possibly do that.
3. It is a matter of the company writing a letter to USCIS. Timing is unimportant.

2nd post:
1. You could to extend the H1b. However, read into the contents of Neufield memo which explain what circumstances it can be used for.
2. PD is from Labor. You possibly could use the labor PD for the new I140.
3. It is possible. But some reading is needed to evaluate the case.
4. Again, refer to Neufield memo.

[mmh1h4h1]

Hi All and thanks to those who have replied to my previous posts,

I have a few more questions:

1. My Labor has crossed 365 days and and I have a pending I140 with RFE (A2P) which has to be replied by the first week of March, 2009.My H1 B visa expires this October(2009). Now is it possible for me to apply my 7th year extension? In USCIS website, is it a must that there should be something like " Pending I 140 case" for me to apply the extension?
2. If I can apply for an extension can I apply immediately or is there a specific time that I should consider, like 6 months before my H1 visa expiry date?
3. Can I apply for H1 extension premium processing?

Thanks and waiting for your responses.

[txh1b]

1. As long as the I140 is pending, you can apply for H1b extension on the basis of approved labor which was applied 1 year prior to H1b expiration.
2. 6 months prior to H1b expiration is when one can submit an extension.
3. Sure can.

The ability to pay RFE is an easy one if the company has the necessary finances. But if it is a small consulting company that has been declaring losses just to pay less taxes by follong around, you will have a tough time.

[mmh1h4h1]

Hi Everyone,
Thanks all for your help

The RFE which I got from USCIS is given below:

1. The petitioner's federal income tax returns for 2007.
2. Evidence of the petitioner paid the beneficiary an amount equal to or greater than the proferred wage.

For this RFE :
1. Is it necessary for the employer to submit 2008 tax return?
2. Is it enough to submit the 2008 w2 and the latest pay stub which my employee paid more than proffered wage?


Thanks in advance

[txh1b]

They asked for 2007, you have to submit that. Anything that you submit for 2008 will just support your case further. You cannot skip 2007 and submit 2008 instead.