H1 EXtension denied- options

[jvs_annapurna]

Hi guys,
I am a new bie but in deep trouble,
My case is like this

Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009

Trying to transfer my H1- to another product company under premium.


I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,

Please correct me if this is incorrect ???? gurus please help me,

As I know I dont have any status but denial letter says appeal with in 33 days.

Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.

Is it possible to transfer with out appeal or MTR for the current denial ?


Please advice, as I am already running out of time....



thanks
jvs

[number30]

Hi guys,
I am a new bie but in deep trouble,
My case is like this

Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009

Trying to transfer my H1- to another product company under premium.


I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,

Please correct me if this is incorrect ???? gurus please help me,

As I know I dont have any status but denial letter says appeal with in 33 days.

Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.

Is it possible to transfer with out appeal or MTR for the current denial ?


Please advice, as I am already running out of time....



thanks
jvs

There is bigger problem than H1 approval i.e. overstaying. If overstay more then six months you will barred for 3 years. So go out as soon as possible and come back with another H1

[gcisadawg]

There is bigger problem than H1 approval i.e. overstaying. If overstay more then six months you will barred for 3 years. So go out as soon as possible and come back with another H1

Since his denial was on March 31st, would the overstay clock starts from March 31st or from original I-94 expiry date? My understanding was that one can work legally using H1B receipt notice. Hence, OP was legal atleast till March 31st, 2009, correct?

-GCisaDawg

[gc28262]

Since his denial was on March 31st, would the overstay clock starts from March 31st or from original I-94 expiry date? My understanding was that one can work legally using H1B receipt notice. Hence, OP was legal atleast till March 31st, 2009, correct?

-GCisaDawg

Yes OP was in legal status till Mar 31st. ( One is in status while H1B is pending)

[thomachan72]

Hi guys,
I am a new bie but in deep trouble,
My case is like this

Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009

Trying to transfer my H1- to another product company under premium.


I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,

Please correct me if this is incorrect ???? gurus please help me,

As I know I dont have any status but denial letter says appeal with in 33 days.

Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.

Is it possible to transfer with out appeal or MTR for the current denial ?


Please advice, as I am already running out of time....



thanks
jvs

very sorry to hear about that. why dont you go for an apeal? what was the reason for denial? what was the RFE for? was this your first extension? give us more details to analyze the situation.

[jvs_annapurna]

Ya, it is my first extension

sent RFE asking that Client letter on the original letter head.
which I couldnt get, but sent the vendor letter stating my duties and date from which started working etc even the copy of the client badge with photo on it is attached in reply to RFE.

But Its denied thats is not enough to prove that you are working at that client place and location. and it seems the employer i.e my h1 company is just token employer.

but I know the clock started from 31st march am in out of status.




will i able wipe out out of status as it effect in future ?

does MTR works or do I need to the appeal ?

What are chances of my transfer ?


Please gurus advise?

Thanks
jvs

[jvs_annapurna]

Hi Guys,

I got the good news to share every one. got the approval . its wonderful

[continuedProgress]

Since its rare for a denial to automatically turn into an approval. :)
Do you care to share what you had to do?

[gdr_09]

How did it get approved? Did u transfer u'r H1B to another company, after it gets denied?
Please share u'r experience.

[snathan]

Hi Guys,

I got the good news to share every one. got the approval . its wonderful

On 04/12/2009 it was denied and how come its approved on 04/18/2009. Are you kidding me

[immigrant-in-law]

COngratulations!
Also, can you please tell me for what period has your H1 been extended. Is it for 3 years or for the duration of your current assignment?

Hi Guys,

I got the good news to share every one. got the approval . its wonderful

[hopelessGC]

Hi Guys,

I got the good news to share every one. got the approval . its wonderful

This one is playing a joke...but if it is indeed true then it is a MIRACLE :confused:

[jvs_annapurna]

Hi guys
There is lot of misunderstanding. As i mentioned my H1 extension was denied on 31st march
Then i worked out with a lawyer for my options. She said i can get H1 transfer. I filed H1 transfer premium processing on april 6th with new employer(american company).It was approved on 13th and we received it on april 16th.

[Bolt]

Hi Guys,

I got the good news to share every one. got the approval . its wonderful

Hi ,

congrats! did you get an approval i.e 797 with i-94 or without it ? am in the same situation, my previous h1b was denied on mar10th 2009 (which was filed on march 24th 2008). i had a transfer to another company thru premium processing on 30th of march 2009 and got approval on april 21st.

Please do reply.

[jvs_annapurna]

sorry guys i was moving to new place. it was with i-94

[sam571]

Hey jvs_annapurna
Congratulation on your approval .

I have one question for you? Your new Company is direct client company (like Google, yahoo)
or its a consultant?

Because I am on H1 with consultant, but not able to find projects for last 6 months, and have a offer for a full-time position with very small start-up company? Should I put my legs in this transfer process ? or should I wait untill USCIS gets soften?

Please advise Gurus,

Thanks.

[ramci]

All,

Please let me know your suggestion based on your experience.

H1B Details
H1B Entry in USA: 25-Mar-2007
Applied for Extension: 16 Dec 2008
RFE Received: April 2009
RFE Responded: May 2009
Denial Notice in USCIS Online System: 14-Sep-2009
VISA & I-94 Expired: 25-May-2009

Clarifications

1. Can I apply for the H1B Transfer with another Company ? I got a offer from a Company and they would like to do the H1B transfer and they are stating that there are no issues for H1B Transfer though the Extension got denied.

2.Since the H1B Denied, From When I have to stop working ? Is it after i receive my denial documents?

4. If transfer is possible, Can I start working based on the H1B Transfer Receipt Notice ? or Should I wait for the H1B Transfer Approval Notice to work ?