I got my immigration petition for alien worker denied. Will it effect my H-1 petition?

Immigration 6 views 5 answers
I recently got my I-140 denied in EB-1 category. Currently I am in J-1 research and 212e is not applicable on my J-1. My sponsor is willing to file an H-1 b application. Can my immigration intent (denied I-140) is going to effect my H-1 b petition?

Attorney Answers

5
Jagbir Terkiana ·
No. They are two different petitions and should not effect each other. Unless of-course I-140 was revoked due to fraud.
0 upvotes
Elizabeth Kozycki ·
H-1B is a dual intent status, and having prior immigrant intent will not cause an H-1B denial.
0 upvotes
Adan Vega ·
The denial of the FORM I-140 filed on your behalf will not impede a petition for the H-1B. However. non-immigrant visas that are not dual intent are now out of reach.
0 upvotes
Michael Albert PezzutoImmigration AttorneyOxnard, CA ·
You should be concerned because the H-1B requires non-immigrant intent & because your employer filed the I-140 which is a petition for permanent residence. However, I have a few questions why was the I-140 denied? The Labor Certification Application that must be filed with the US Department of Labor (DOL) before the I-140 is filed is much harder in my opinion than the I-140. If the Labor Certification Application is certified by the DOL the I-140 is usually approved unless the applicant is inadmissible for some other reason. Also the H-1B applications are used up on the 1st day they become available and I believe that no more H-1B petitions will be available until April of 2016.
0 upvotes

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