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H1-B extension failed, consular Processing

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  • H1-B extension failed, consular Processing

    Hi all
    After long waiting and overcome, my I-140 was
    finally approved. when I file I-140 last July,
    I choosed Consular Process rather than Adjustment

    Unfortunately my I-129 for H-1b extension seems deny
    and I didn't inform until my petitioner inquired.

    Because time past beyond motion or appeal (16 month
    waiting!) oppotunity, do I need to go to adjustment of status
    in US?

    Without maintenance the non-immigration status,
    Consular Process can not success?

    I'm in US since 1997 and kept H-1B status until Sep. 2005.
    (Term of 2005-2006 H-1B extension was not approved.)


    Please let me know that only the person kept non immigration
    status can abroad to have interview?

    Answer from the lawyer I ask to rep me is
    Because you lost your H-1B status, when I apply
    immigration visa at consular in my country,
    90% they will refuse my application and I'll lost my
    I-140 approval.

    Regard

    Pd Apr 2001
    EB3
    I-140 approved Dec 2006
    H-1B expired Sep 2005
    I-129 filed Sep 2005 but never recieved any response.

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