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October 01, 2005

FAQ; I-140 denial & grandfathering right

Free Question: Hi, My husband's I-140 was denied. Can I apply for H visa. I have a degree in Computer Science. In 2001 we paid that fee for illegal alliens to become legal, or something like that. So what I am actually trying to say is, now that I am in the USA, can I apply for the H visa?

Free Answer: The right to grandfather a petition extends to allow a refiling if the original filing was before April 30, 2001. The orginal filing had to be approvable when filed. This means that it was properly filed, meritorious in fact and non-frivolous. It may be possible for you to file as his right may extend to you. To determine if you may file need to a consultatinon with an immigration attorney. This will help prevent your wasting time and money.

Posted by VisaLawyer at October 1, 2005 01:08 PM

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