If an I-140 petition is denied, can it be appealed and the appeal be used to apply for 7th-year H1B extension?


If there is a legal basis to do so, and time permits, it is possible to either file a motion to reopen / reconsider the I-140 denial or an appeal. The motion or appeal can be used as a basis for further H1B extensions while the motion or appeal is pending. It is also possible to refile an I-140 even after a denial. This approach sometimes provides a better option, if the reason for denial can be “fixed” in the refiling with better evidence, a change in EB category selection or other modification that will increase the chance of approval. Refilings do not have the same time constraints as motions and appeals. But, the best course of action depends upon the case and the reason for denial. (09.Dec.2013)

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.