Can an approved H-1B1 be stamped into my passport, even if a denial of an appeal for a I-140 arrives?

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Can an approved H-1B1 be stamped into my passport, even if a denial of an appeal for a I-140 arrives?

I have been waiting for a decision regarding an appeal for a I-140 application for oveer 3 years. In the mean time I have applied for annual extensions of my H-1B1 visa. If a negative decision to the appeal arrives and I have a I-797 with a year approval that has not been yet stamped into my passport, will that annual extension be obsolete or is that decision still valid but cannot be extended again?

Asked on February 27, 2012 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It will be valid until and unless the USCIS revokes it after the decision on the I140 appeal.  Until such time, it will be valid on its face.  Once the decision on teh I-140 comes through, if it is a denial, you will not be able to extend the H-1B any  more.


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