Concurrent filing and denial!

[sachin_216]

Hello:

I came to USA in January 2004 from company-A on L-1B. I worked for the same company for about 2 years and in 2006, I quit company-A and joined company-B on H-1B (COS). In the year 2007 I got my PERM approved and when the dates became current, I applied for both I-140 & I-485. It took a while and first I got a query and then eventually both
(I-140 & I-485) were denied. Then my attorney filed for 're-opening or re-consideration' of the earlier denied case. Now I am awaiting USCIS' response.

Now it is 01-2011. This is close to 7 years since I came to this country. Someone said that, as it has gone over 6 years it is illegal for me to continue to stay. But, I was under the impression that once PERM is approved one would get unlimited visas/extensions/I-140s.

Please advice. If it is true that my stay is illegal, what options do I have.


-Sachin

[txh1b]

As long as you have a valid H1b extension from your employer, you are fine. Don't listen to that someone.

As long as your labor was filed at least 1 year prior to expiration of 6 year L1+H1b, you can get 1 year extensions. It is clear from your post if you meet this requirement.