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  #1 (permalink)  
Old 11-27-2011, 02:05 PM
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Default H1 Extension Denied after 6 years and I-140 Approved!

Hi All,

This is sad day of my life. My H1 extension has been denied today, 11/23/2011 while I have I-140 approved on 4/23/2011. I work for big Indian consulting company for a client which is one of the biggest Bank in World. After filing Visa, I got RFE asking updated Manager's letter. I provided this and then after a month I got Notice of Intent to Deny (NOID) asking for more description of Project and Role. I gave very detailed role and Project description along with updated Manager's letter within a week but no luck. My project's end date on Manager's letter is mentioned as 12/31/2011 which after a month.
It finally ended into denial. As of now, I am not sure what can be the reason of denial as denial petition will come a week or two.
I am very frustrated and confused what to do! Please provide me some guidance on my following question.

1) Can I appeal against this decision of USCIS and stay in US? If yes, then how can I do?
2) If I can't appeal then do I need to leave US asap? How long I can stay more?My I-94 has already expired on 09/30/2011.
3) If I have to leave US, can I come back again on H1? If yes, do I need to wait for next year October-2012 to get H1 or I can get H1 asap?
4) If I go back to India and work from offshore with same employer, would my GC process be affected?
5) If my company processes L1 instead of H1 would my GC process be affected?
6) Can I apply for MTR in Premium processing? and how long time this takes?
7) If MTR gets rejected then can I apply for new H1 statying in US?

Regards
Visathinker
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  #2 (permalink)  
Old 11-27-2011, 04:59 PM
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Default

Thats really sad news.
Since you have I-140 approved and counted for cap in last 6 years, you are not effected by cap. You can file for new H1B anytime soon, either from here or India.
As long as you are on H1B or L1B status your GC process will not effect.

I have no much idea about MTR or Appeal, so not suggesting anything on this.

Even if you apply for new H1B from here, you will get approval without I-94, means you need visa stamping to work. You need to go home country and get your visa stamped. If you need to travel and work work from India, hoping it will be fine.

Please check with qualified or experienced attorney, above is my personal option not a legal advice.
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  #3 (permalink)  
Old 11-27-2011, 05:52 PM
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Firstly you are now out of status since 09/30/2011. This is very serious and you are staying illegally. This would seriously affect your greencard application. Getting out of the country and then coming back on a valid visa needs immediate consideration from you.

You seem to have a few problems with your case from the details provided. Is your employer and attorney communicating and sharing all paperwork?

Something is missing in your case. Just saying you work for the biggest bank in the world as a desi consultant does not make your application any more legit than someone working for a local bank.

Why did you apply for H1 on just 1 month project?

Lastly where you for last 6 years? Did you not know IV? If more people like you join IV you could have got greencard by now without backlogs and not faced H1B denials. So people who come to IV only when they have a problem are responsible for their problems.
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  #4 (permalink)  
Old 11-27-2011, 08:11 PM
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Default

Thanks sbnvs and imh1b for your kind advice.

//Firstly you are now out of status since 09/30/2011.//
My Employer's immgartion team said that till the time my Visa in process, I will be in valid status. I am not sure whether invalid status should be counted from 11/23/11, the day visa denied or 09/30/11, the day I-94 expired?

//You seem to have a few problems with your case from the details provided. Is your employer and attorney communicating and sharing all paperwork? //
No. They will share only I-797 with denial reason which is still not received by them.

//Something is missing in your case. Just saying you work for the biggest bank in the world as a desi consultant does not make your application any more legit than someone working for a local bank.//
I am not catching your point here.

//Why did you apply for H1 on just 1 month project?//
I didn't say that the project is just 1 month. Only 1 more month is left in current SOW of project which is 12/31/2011. Current SOW can be renewed which is clearly mentioned in Manager's letter.

//Lastly where you for last 6 years? Did you not know IV? //
I worked for different projects for my current employer. What is IV?
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  #5 (permalink)  
Old 11-27-2011, 08:58 PM
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Default

Quote:
Originally Posted by Visathinker View Post
Hi All,

This is sad day of my life. My H1 extension has been denied today, 11/23/2011 while I have I-140 approved on 4/23/2011. I work for big Indian consulting company for a client which is one of the biggest Bank in World. After filing Visa, I got RFE asking updated Manager's letter. I provided this and then after a month I got Notice of Intent to Deny (NOID) asking for more description of Project and Role. I gave very detailed role and Project description along with updated Manager's letter within a week but no luck. My project's end date on Manager's letter is mentioned as 12/31/2011 which after a month.
It finally ended into denial. As of now, I am not sure what can be the reason of denial as denial petition will come a week or two.
I am very frustrated and confused what to do! Please provide me some guidance on my following question.

1) Can I appeal against this decision of USCIS and stay in US? If yes, then how can I do?
2) If I can't appeal then do I need to leave US asap? How long I can stay more?My I-94 has already expired on 09/30/2011.
3) If I have to leave US, can I come back again on H1? If yes, do I need to wait for next year October-2012 to get H1 or I can get H1 asap?
4) If I go back to India and work from offshore with same employer, would my GC process be affected?
5) If my company processes L1 instead of H1 would my GC process be affected?
6) Can I apply for MTR in Premium processing? and how long time this takes?
7) If MTR gets rejected then can I apply for new H1 statying in US?

Regards
Visathinker
Sorry to hear about your case. The denial in your case appears to be due to the employer - employee relationship memo. As per the memo the petitioning employer is supposed to supervise your day to day work. This is normally never the case in case of consulting assignments. If your manager said that he is supervising your day to day work then most likely an appeal or MTR won’t help. Your client manager giving the year end as the end date did not help as well normally client letters should be open dated stating that they require you long term they can say that the current extension is say till a certain date because of the policy of 6 months - 1 year at a time but you will most likely be extended.
If you file an appeal / mtr you can stay here but cannot work. As far as I know you did not accrue any illegal presence by being here because you were very much in status by virtue of the pending H1B, after the denial you have 10 grace days to leave. You have several options 1) Go back and apply for H1B again either through your employer or the client itself (This is safer as long as your employer is fine) 2) Apply MTR / Appeal normally the results are not favorable unless your lawyer can substantiate something significant 3) File an H1 Transfer ASAP in premium with the same employer / client or another employer all together. You should work on the option that works out the quickest for you. Ideally going back for a few days and then coming back is the safest bet. If your I140 is approved your priority date is yours forever. Since your case is complicated do consult a good attorney or your company attorney don’t handle this matter on your own.
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  #6 (permalink)  
Old 11-27-2011, 09:26 PM
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First of all Sorry to hear this.

I doubt about being out of status from 9/30/2011 but I could be wrong. I believe your attorney is right that while H1B application is pending you are in status irrespective of I94 expiration. (My attorney said the same thing in my wife's case.) but given the complexity and subjectivity involved
please consult a very good attorney very quickly and under no circumstances work in your current condition.

Unfortunately, sometimes immigration is a matter of luck (IV is fighting to change that with countless great efforts like HR 3012 etc.) and opening MTR might not be a bad idea as long as you consult an attorney and articulate and present your case correctly.

Really wish you good luck my friend.
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  #7 (permalink)  
Old 11-27-2011, 11:02 PM
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Thanks TeddyKoochu and rxd9507IV for good points on my case.

I too had a talk with couple of my friends and got mixed opinions. I need to understand if I need to apply for new H1 then do I need to go back to India again? or I can apply for new H1 staying in US? In former case, I will have to break lease of my apartment, sell all my stuff which will be very painful work.
If you think applying new H1 in US is risky and more vulnerable to get rejected then I can go back to India and then apply new H1 as I don't want to take any chance with my Visa.

Warm Regards
Visathinker
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  #8 (permalink)  
Old 11-27-2011, 11:21 PM
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Quote:
Originally Posted by Visathinker View Post
Thanks TeddyKoochu and rxd9507IV for good points on my case.

I too had a talk with couple of my friends and got mixed opinions. I need to understand if I need to apply for new H1 then do I need to go back to India again? or I can apply for new H1 staying in US? In former case, I will have to break lease of my apartment, sell all my stuff which will be very painful work.
If you think applying new H1 in US is risky and more vulnerable to get rejected then I can go back to India and then apply new H1 as I don't want to take any chance with my Visa.

Warm Regards
Visathinker
Iam not really sure about this though you should consult a good attorney. Unless you can find an alternative in say a week’s time and file in premium processing it is best to go back and return that way you will not accrue even a single day of illegal presence. Do try and work out all alternatives, I can understand the pain and cost of going back and then returning again, I would have done this if I was in your situation, most important thing is to stay on the right side of the law.
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  #9 (permalink)  
Old 11-27-2011, 11:26 PM
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Can you find another employer and file an H1B urgently?

Can your big IT firm employer find you a new project for long term and file a new H1B extension application?

Can you get your own lawyer and have him work with employer to help your case?
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  #10 (permalink)  
Old 11-28-2011, 12:26 AM
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Exclamation not end of the world

hello,
first of all its not end of the world. so make sure your health is good at end of the day. also find dam good lawyer with out compromising price.
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  #11 (permalink)  
Old 11-28-2011, 09:35 AM
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AAO appeals normally takes about 11 months. You will NOT be out of status for 240 days after the denial. During AAO appeal, you can stay here, but can not work and apply for a new H1 with a new employer if possible.

L1 has become more harder to get than H1.
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  #12 (permalink)  
Old 11-28-2011, 12:12 PM
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Hi,

Sorry to hear that.

Just to give you some encouragement, wanted to share my experience with you.

I was in the same boat as you couple of years back. My I-140 was approved and My H1 visa extension got denied. After discussing my case with lawyers, I left the country and I got my H1 transferred to some other company. I got the approval and after stamping in India, I am back to US again without any issues.

Hope things will get resolved very soon for you.

Good Luck !!
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  #13 (permalink)  
Old 11-28-2011, 04:01 PM
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Default disagree to comments

I strongly disagree with you comments. This way you are not motivating people to support IV. There is nothing wrong with people coming to IV when they have a problem. Infact thats how they would understand the underlying priniciple of IV and get motivated and will be part of the community.
Quote:
Originally Posted by imh1b View Post
Firstly you are now out of status since 09/30/2011. This is very serious and you are staying illegally. This would seriously affect your greencard application. Getting out of the country and then coming back on a valid visa needs immediate consideration from you.

You seem to have a few problems with your case from the details provided. Is your employer and attorney communicating and sharing all paperwork?

Something is missing in your case. Just saying you work for the biggest bank in the world as a desi consultant does not make your application any more legit than someone working for a local bank.

Why did you apply for H1 on just 1 month project?
I strongly disagree with you comments. This way you are not motivating people to support IV. There is nothing wrong with people coming to IV when they have a problem. Infact thats how they would understand the underlying priniciple of IV and get motivated and will be part of the community.

Lastly where you for last 6 years? Did you not know IV? If more people like you join IV you could have got greencard by now without backlogs and not faced H1B denials. So people who come to IV only when they have a problem are responsible for their problems.
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  #14 (permalink)  
Old 11-28-2011, 05:18 PM
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Quote:
Originally Posted by Visathinker View Post
Hi All,

This is sad day of my life. My H1 extension has been denied today, 11/23/2011 while I have I-140 approved on 4/23/2011. I work for big Indian consulting company for a client which is one of the biggest Bank in World. After filing Visa, I got RFE asking updated Manager's letter. I provided this and then after a month I got Notice of Intent to Deny (NOID) asking for more description of Project and Role. I gave very detailed role and Project description along with updated Manager's letter within a week but no luck. My project's end date on Manager's letter is mentioned as 12/31/2011 which after a month.
It finally ended into denial. As of now, I am not sure what can be the reason of denial as denial petition will come a week or two.
I am very frustrated and confused what to do! Please provide me some guidance on my following question.

1) Can I appeal against this decision of USCIS and stay in US? If yes, then how can I do?
2) If I can't appeal then do I need to leave US asap? How long I can stay more?My I-94 has already expired on 09/30/2011.
3) If I have to leave US, can I come back again on H1? If yes, do I need to wait for next year October-2012 to get H1 or I can get H1 asap?
4) If I go back to India and work from offshore with same employer, would my GC process be affected?
5) If my company processes L1 instead of H1 would my GC process be affected?
6) Can I apply for MTR in Premium processing? and how long time this takes?
7) If MTR gets rejected then can I apply for new H1 statying in US?

Regards
Visathinker
I was in similar situation couple of years ago. First of all your attorney need not wait to have documents arrive by post in order to know denial reason. They should contact USCIS and ask them to fax the denial reason to them asap.
In my case my company re-filed my H1B under premium processing with all the documents to take care of previous denial reasons.
MTR will take lot of time. You should go ahead and ask your employer to file in PP and you may or may not receive extension with I-94. Good luck!
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  #15 (permalink)  
Old 11-28-2011, 05:41 PM
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Quote:
Originally Posted by imh1b View Post
Firstly you are now out of status since 09/30/2011. This is very serious and you are staying illegally. This would seriously affect your greencard application. Getting out of the country and then coming back on a valid visa needs immediate consideration from you.

You seem to have a few problems with your case from the details provided. Is your employer and attorney communicating and sharing all paperwork?

Something is missing in your case. Just saying you work for the biggest bank in the world as a desi consultant does not make your application any more legit than someone working for a local bank.

Why did you apply for H1 on just 1 month project?

Lastly where you for last 6 years? Did you not know IV? If more people like you join IV you could have got greencard by now without backlogs and not faced H1B denials. So people who come to IV only when they have a problem are responsible for their problems.
What you meant by the last para? Please don't misguide others
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