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randomdude
02-10-2008, 07:51 PM
:confused:I am in an unusual situation. I was working for company A when company B filed for my I140 (sub labor). It was approved in Feb 07. After that I applied for H1 transfer (around May timeframe) to company B and started working for company B in June. Dates became current and applied for I485 in June and currently have EAD and AP too.

Suddenly out of the blue, in the first week of Feb, H1 denial letter came through (I saw the status online, haven't seen the doc myself). Talked to the firm's HR contact and was told that the 'CEO' is out until monday. As per the ignorant HR person, ' the H1 was denied because of some internal company issues and not because of your qualifications. Unfortunately the internal issues cannot be revealed because of confidentiality'. I am sure thats indeed the case as I have BE in Computer Engineering from a reputed Univ in India, MS in Comp Sci from a top US school and great work record (worked for 2 fortune 100 firms as full time employee) for the last 6 years.

I am going to speak to the 'CEO' on tuesday and ask for an explanation as the 'confidentiality' would not fly with me. But what I want to ask you guys is what should I be doing? Should I leave this firm and invoke AC21? Can this affect my I485 processing? I can make much more $$ if I leave this firm and quite frankly the smooth approval of I485 was the only motivation for me to stay on H1 with the firm until this shocker happened. I mean if my H1 is denied, there is no reason I should stay with this firm! What do you experts suggest?

navyug
02-10-2008, 08:10 PM
It could be that your company has been bought over. During mergers the company names change. Just one of the possibilities. Many desi consulting companies are being bought over after July 07. I am not sure about the buyers motivation but will find out.

randomdude
02-10-2008, 09:03 PM
I am leaning towards using the AC21 too. How can I still be in H1 status if I want to?

Company A had a H1 approved for me. What are the odds that they have 'cancelled' it (desi company)? If they have not yet cancelled it, am I considered still in valid H1 status? If yes, then maybe I can find another H1 sponsor and be 'in-status'. Not sure what happens to my I485 application though!

Also, I know this has been asked before but I couldn't find any links...would appreciate if anyone has this...here it goes

My wife has her own firm. I wanted to avoid working for my wife's company. With this new twist, I am seriously considering it. Did we ever reach on any consensus if this is a smart thing to do? If I have to work for someone who basically just takes cash from party A and then takes his cut and pays me, I might as well keep this in the family! What do you guys think?

casinoroyale
02-10-2008, 09:17 PM
Find a new employer and apply for fresh H1B. Technically you were in status while your H1B was pending and decision was not made by USCIS. Safest thing would be applying for a fresh H1B within 10 days of your previous denial. Don't deal with with this 'CEO' etc and waste your time. If you can get a fulltime job in 10 days fine, otherwise seek some reliable consulting firm.

laksmi
02-10-2008, 11:04 PM
So you are trying to transfer your H1B of company As to B and during the transfer to B, uscis as denied H1 transfer, in such case you can fall back to A and continue to work without issue.

raj2007
02-11-2008, 12:35 AM
:confused:I am in an unusual situation. I was working for company A when company B filed for my I140 (sub labor). It was approved in Feb 07. After that I applied for H1 transfer (around May timeframe) to company B and started working for company B in June. Dates became current and applied for I485 in June and currently have EAD and AP too.

Suddenly out of the blue, in the first week of Feb, H1 denial letter came through (I saw the status online, haven't seen the doc myself). Talked to the firm's HR contact and was told that the 'CEO' is out until monday. As per the ignorant HR person, ' the H1 was denied because of some internal company issues and not because of your qualifications. Unfortunately the internal issues cannot be revealed because of confidentiality'. I am sure thats indeed the case as I have BE in Computer Engineering from a reputed Univ in India, MS in Comp Sci from a top US school and great work record (worked for 2 fortune 100 firms as full time employee) for the last 6 years.

I am going to speak to the 'CEO' on tuesday and ask for an explanation as the 'confidentiality' would not fly with me. But what I want to ask you guys is what should I be doing? Should I leave this firm and invoke AC21? Can this affect my I485 processing? I can make much more $$ if I leave this firm and quite frankly the smooth approval of I485 was the only motivation for me to stay on H1 with the firm until this shocker happened. I mean if my H1 is denied, there is no reason I should stay with this firm! What do you experts suggest?

You have multiple options.

1. Go back to company A on old H1.
2. Join company B on EAD(Once u use EAD u can't go back to company A on H1).
3. Use Ac21 and join company C