Have a situation. My company applied for Labor in oct 2007 which got approved and we filed I-140 (EB-2) in april 2008. We got a RFE in Sep 2008 and reply recieved by the USCIS on oct 16th 2008. Mean while my 7th year of H1b was approved and now it expires on Nov 2009. We have not received any updates on my case and its been >90 days. My current lawyer now says that I should apply for EB-2 NIW as a back up. My concerns are:
1. If my current I-140 gets rejected will my 7th year of H1b be revoked? since it was based on labor pending?
2. What will be my options if it gets denied( can I file for Motion to reconsider). Will I still be in Status and work till nov 2009?
3. Will they extend my H1b beyond nov 2009 if the MTR is not resolved by then?
4. If at all everything is rejected what can I do to start residency in july if I match?
If all else fails what are my options to continue working in the US?
My wife is on her independent H1B visa and I have 2 US citizen kids. I also have a US citizen brother( dont know if that would help any)
Generally speaking, NIW is a lousy back up for a number of reasons. But I say this not knowing the merits of your situation, as your lawyer does.
My experience with Mr. Rajiv Khanna's Law office has been excellent so far. I have received my Labour and I-140 within a year inspite of getting an RFE (which was handled very well).
We have applied our I-140 and 485 petitions through Rajiv's law office. We received our GC approvals the other day.
I would like to take this opportunity to thank Mr.Rajiv Khanna and his team.
My Special thanks to Mathew Chacko, Prerna Mehta and Suman Bhasin for their help and attention with all of our GC related matters.
Since day1 we have received exceptional service. Their staff is easily approachable.
I would also like to thank Rajiv Khanna for the great service he provides for the immigrant community through his Live chats.
The attorney fees are reasonable for the valuable service they provide compared to other noted firms.
Looking forward to recommend your law firm to my friends and family.
Rajiv Khanna and associates are helping me in my Green Card processing since January 2004 and recently they did a very good job to get me the I-140 approval. I received an RFE on my I-140 in Feb 09 and response was well prepared by one of the Lawyers and sent within a weeks time. I got the approval on my I-140 just after a weeks time. It was a great job and effort from the Rajiv Khanna's office and their associates. I appreciate their good work and would recommend them to anyone who is looking for a good immigration lawyer for their Green Card or any other immigration related work.
My 140 got approved in 9 days ,great work from Rita and attorneys at Law offices of Rajiv .
The long wait still continues to file 485 .
I wish each and every one a very happy new year 2007 .