H1b rejected

[h1bholder]

My wife was working here in till June with L1 visa. Her consultant applied for h1b as L1 to H1 transfer. But unfortunately her project was scrapped and so she left back to india. So by august, USCIS denied her application saying that she is no more in valid status and so they cannot process this application. Is there something I could do on this? please advice.

[number30]

Originally Posted by h1bholder

My wife was working here in till June with L1 visa. Her consultant applied for h1b as L1 to H1 transfer. But unfortunately her project was scrapped and so she left back to india. So by august, USCIS denied her application saying that she is no more in valid status and so they cannot process this application. Is there something I could do on this? please advice.

Was she maintaining her L1 status ? If she is not here in US they will send Consular post. Do not deny because she left US.

[h1bholder]

this is what we heard from her employer who filed h1. I am having the petition no but this is what specified in there

On August 10, 2009, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of August 10, 2009, please call customer service at 1-800-375-5283 for further assistance.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

[h1bholder]

missed to mention that her L1 status is not applicable anymore.

[martinvisalaw]

It's impossible to answer your question without knowing why the H-1B was denied. It may be for a reason that the employer can correct. If not, can she continue in L-1 status, or come as a dependent of you?

[h1bholder]

I agree with you. But we couldnt get more information from that employer and the main reason they stated was that she is not in country anymore.

I can explain my situation more clearer.

Now she is working in canada for a short term project, Originally working for Mahindra Satyam. I can bring her in h4 but for that she needs to quit her current job.

She worked for AIG ( NYC, 2 yrs) and now working with Citigroup (Canada, 3 months) in JAVA and related technologies. Is it possible to get h1b for her?

Shall I process PR for canada? Please Advise me on how to proceed.

[martinvisalaw]

Originally Posted by h1bholder

Now she is working in canada for a short term project, Originally working for Mahindra Satyam. I can bring her in h4 but for that she needs to quit her current job.

She worked for AIG ( NYC, 2 yrs) and now working with Citigroup (Canada, 3 months) in JAVA and related technologies. Is it possible to get h1b for her?

It is possible for another employer to file for her H-1B status, if the position and her education meet the H-1B requirements.