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  • SunDevilUSA
    replied
    If your authorized period of stay has expired, then you're in the country illegally. The fact that you filed I-140 is irrelevant, as this has no bearing on extending your period of authorized stay.

    Indeed, if you're in the country illegally, you're unable to legalize your status through I-140 without leaving the United States. Even if USCIS accepts the basis for your new I-140 application, it will ultimately be denied because you're in the country illegally.

    You're eligible to pursue your I-140 application through the U.S. Consulate in your country of origin. However, if you've remained illegally in America for a period exceeding 180 days, you'll be subject to a ban on reentry for three years (ten years if you've been here illegally for more than 365 days). If you're subject to the bans against reentry, the Consulate will deny your application.

    Leave a comment:


  • Sugarpuff
    replied
    why did they deny your I-140? Have you or the employer tried and H-1B? Did you enter on a visa or under the visa waiver?

    Leave a comment:


  • dragonlady
    replied
    Do you mean Petition for Alien Worker (I-140)?

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  • marmaduk
    replied
    No. I-140 doesn't have anything to do with regard to your immigration status. That's the territory of I-485.

    Leave a comment:


  • sportsfan
    replied
    I filed I-140 before my visitor visa expired. and then that I-140 got denied but I was abe to file another I-140 before it got denied. Now am i till in lawful status based on pending I-140? thanks.

    Leave a comment:


  • sportsfan
    started a topic question

    question

    I filed I-140 before my visitor visa expired. and then that I-140 got denied but I was abe to file another I-140 before it got denied. Now am i till in lawful status based on pending I-140? thanks.
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