Brat1

Hi guys..... long time, no speak!! I haven't posted in quite a while because I didn't want to bore everyone with our ongoing predicament, but I think I need to share, if only for my sanity!!

I'll try and keep it brief and not repeat any previous stuff which I've shared....

So after our I-485 was denied, and finding out our I-140 had been revoked back in 2009, the OH's employer assigned a new Immigration Attorney. So, long story short, she re-submitted the original I-140 along with a legal brief, to see if we could get it accepted and approved, this was back in August/September last year. At the same time, another partner in the firm dealt with mine and my kids H4 extensions which were logged at USCIS in October last year.

Attorney recieved a RFE on the I-140 in February which she dealt with and submitted in April. We were told that we would have a decision by June 21st. While this was going on, I chased up our extensions, as time was moving on and the estimated turnaround at Vermont for these was 2.5 months , we were. ow at nearly 7!!

So, today I checked the I-140, and apparently they have mailed us out another RFE or i formation!!! I also received a letter from Texas, stating that they apologise for the delay in our extension decision and that it has been passed to an adjudicator to be dealt with.

When I questioned what route we were goung down with the re-submitted i140, they told me that to be ahead of the game in case they denied it, they would start a new PERM application to cover us, should they have to do a whole brand new I140 application.

I'm at the end of my rope tonight, I am still not working, we have been going through this since 2007 and to be honest, don't know how much patience I have left. My daughter got married to my now son in kaw last August, has her GC and is working in a local salon. They've bought their own wee condo in a neighboring town and are blissfully happy, so at least I don't have to worry about her so much, but my other two girls are still a worry.

So, I suppose the reasn for my post tonight is to put some feelers out to see if anyone has any knowledge of where we might stand, should this RFE take some time to sort out. Our six years on our H visas is up this September, and I feel the timebomb is ticking away in the background. If I am correct, we have to have an approved I140 to apply for another year extension on the H visa, would that be correct?? If that doesn't happen and there is an issue with the I140, what happens then....or am I jumping too far ahead?? My head's in a pickle tonight, so forgive me if I'm rambling.

I don't know what to do any more, I don't know what else they want, and My life is here. My middle daughter hopefully graduates high school this month, and the youngest still has two yearr to go. Their wellbeing is my main concern and what scenarios could come into play in the not too distant future....

Oh, and did I forget to mention that I am going to become a first time grandmother in December, which is also adding to my panic of what is going to happen. I want to be here to support my daughter and help with my grandchild, but I'm struggling to look forward when all this is just hanging over us like a bad smell. I could go into more detail, but you're probably sleeping by now....

Any advice, as always, is greatly appreciated. I think maybe I have to sleep on it and start again tomorrow to work through it step by step. Thanks for listening

Nutmegger

I have no expertise to help with any answers, so all I can do is send a very big virtual hug and say hang in there, those with the specialized knowledge will be along in the morning.

Brat1

Thank you my dear friend.......

scrubbedexpat099

Presumably the fall back is your daughter to sponsor you, that option is not that far away.

GeoffM

I have nothing useful to say: just good luck and post as much as you like!

Fred16

I was under the impression that if H1 could be extended 1 year at a time if there was a PERM pending for more than 365 days

Brat1

Thanks Fred, this I suppose, is what I'm most concerned about. So if they have sent in a new PERM application months ago, does that count? I'm in confusion overload and a good nights sleep hasn't made anything any clearer.