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Posted on 03 Mar 2009
Q.

1-140 denied, MTR filed and H-1B extended

Hi: I was on H-1B for six years, went on F-1 and came back to work for the company that filed for both the origianal H-1b and the 1-140. Well, my 1-140 was denied in November and we submitted an MTR, still waiting to hear back. In the mean time, I filed for H-1B extension based on pending I-140 and it has been approved. Because I had shown intent to migrate, my lawyers thought that I couldnot transfer from F-1(said I couldnot go back on F-1) and indicated that I would have to get H-1 stamp from outside the US. What are the chances that I will get the stamp given that my case was denied and MTR has not been oepned. Am I out of status now and If I donot go out and get the stamp for H-1B when I get to the six months date since my case was denied, am I facing the 3 year ban?

User's Location: Baltimore, Maryland, United States of America
Category: Employment-based Green Card
Posted on 05 Mar 2009
A.
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User_thumb_54_Photo_Fredrick_Voigtmann

Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111

www.igvlaw.com

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