clear485
08-26 02:30 PM
Hi Guys,
I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?
Recently went through the following info....don't know if it helps you or not....
USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal
The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.
I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?
Recently went through the following info....don't know if it helps you or not....
USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal
The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.
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Joey Foley
September 15th, 2005, 01:17 PM
Dude. Your "Bloody Eyes", "Ozzfest 2005", and "John 5" rock.
Who are those guys, bloody eyes, and the guy with glasses in the Ozzfest 05 photo? I guess I don't know who John 5 is either, looks like he'd play for MM. ...guess other than Sabb and Maiden, arenarock aint my thing.
...saw your ?? about PPlanet, I'll let ya know if they correct it next month.
Thanks man!
John5 was playing guitar for Rob Zombie in that photo taken at Ozzfest.
He has played guitar for a lot of people. He's mostly a solo guitarist. He's pretty decent.
He's also played in and/or on the following people's CDs: Leah Andreone,David Lee Roth,Two,Ryan Downe,Marilyn Manson to name a few.
Bloody eyes photo is Chad Gray is the singer for the band "MUDVAYNE" (not my thing at all, Nu-metal stuff, but kind of fun to photo)
The guy in the glasses, his name Trevor Strnad he's in a band called "THE BLACK DAHLIA MURDER" (really heavy, hardcore meets metal type stuff).
I'm into a little bit of every kind of music. VERY open mind when it comes to music.
But my favorite stuff is mostly 80's rock and pop punk type stuff.
Guns N' Roses,Motley Crue,(old) Nofx,(old) Misfits,Black Sabbath is some of my favorite all time stuff.
Who are those guys, bloody eyes, and the guy with glasses in the Ozzfest 05 photo? I guess I don't know who John 5 is either, looks like he'd play for MM. ...guess other than Sabb and Maiden, arenarock aint my thing.
...saw your ?? about PPlanet, I'll let ya know if they correct it next month.
Thanks man!
John5 was playing guitar for Rob Zombie in that photo taken at Ozzfest.
He has played guitar for a lot of people. He's mostly a solo guitarist. He's pretty decent.
He's also played in and/or on the following people's CDs: Leah Andreone,David Lee Roth,Two,Ryan Downe,Marilyn Manson to name a few.
Bloody eyes photo is Chad Gray is the singer for the band "MUDVAYNE" (not my thing at all, Nu-metal stuff, but kind of fun to photo)
The guy in the glasses, his name Trevor Strnad he's in a band called "THE BLACK DAHLIA MURDER" (really heavy, hardcore meets metal type stuff).
I'm into a little bit of every kind of music. VERY open mind when it comes to music.
But my favorite stuff is mostly 80's rock and pop punk type stuff.
Guns N' Roses,Motley Crue,(old) Nofx,(old) Misfits,Black Sabbath is some of my favorite all time stuff.