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  #1 (permalink)  
Old 09-12-2012, 06:50 PM
Junior Member
Priority Date
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Oct-10
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EB2
I140 Mailed Date
:
10/14/2010
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India
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I485 Mailed Date
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Posts: 7
morphtk is on a distinguished road
Unhappy H1-B extension denied - I-140 approved, I-94 expired

My case:
1. H1-B completed 6 yrs. I-140 approved with PD Oct 2010.
2. H1-B status (I-94) expired on 03/31/2012
3. H1-B 7th yr extension applied on Nov 2, 2011.
4. Received RFE on June 20, 2012 related to pay mismatch in LCA
5. Responded to RFE on July 8, 2012 with new LCA
6. Received Denial of H1-ext on Sep 10. (Reason not known yet - will post it when avail)

Please answer the following questions.. asap
1. What options do I have at this point?
2. How long can I stay in the US?
3. Can I continue working with my current employer?
4. Reading through many forums and discussions I learnt that I can apply for new H1 or new H1 extension. Could someone please explain this further and how to go about this?
5. Also, I can try for motion-to-reopen but that would be based on reason-of-denial and also its pretty delaying with less success. Does going through this path give me option to stay in US and/or work.
6. Can I apply for new H1 or new H1 extension through another employer (given quota is over)?
7. Can I change my lawyer at this point of time and consult better attorney to represent my case.

I am trying to discuss this with my employer & lawyer and try to see all (if any) the possible alternatives.

This is taking a big toll on me and would appreciate any expert advice.

Thank you in advance.
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  #2 (permalink)  
Old 09-12-2012, 07:16 PM
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One suggestion is take appointment with Murthy attorney, they charge $200 - $250 for 15 min. but they are experts in these type of cases. it is worth to find the options from them in my opinion.
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  #3 (permalink)  
Old 09-12-2012, 07:43 PM
Junior Member
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Oct-10
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10/14/2010
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morphtk is on a distinguished road
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Thanks for a quick response. I'll try to get that at the earliest.

But it would be appreciative if I could get more opinions and help from some attorneys or experts from here as well.
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  #4 (permalink)  
Old 09-12-2012, 09:34 PM
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Mar-04
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08/19/2007
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Quote:
Originally Posted by morphtk View Post
My case:
1. H1-B completed 6 yrs. I-140 approved with PD Oct 2010.
2. H1-B status (I-94) expired on 03/31/2012
3. H1-B 7th yr extension applied on Nov 2, 2011.
4. Received RFE on June 20, 2012 related to pay mismatch in LCA
5. Responded to RFE on July 8, 2012 with new LCA
6. Received Denial of H1-ext on Sep 10. (Reason not known yet - will post it when avail)

Please answer the following questions.. asap
1. What options do I have at this point?
2. How long can I stay in the US?
3. Can I continue working with my current employer?
Really dont think so
4. Reading through many forums and discussions I learnt that I can apply for new H1 or new H1 extension. Could someone please explain this further and how to go about this?
Dont think so, as your 6 yr is over, and u were ok even till now only cos of pending petition.
5. Also, I can try for motion-to-reopen but that would be based on reason-of-denial and also its pretty delaying with less success. Does going through this path give me option to stay in US and/or work.
This is the ONLY option I would really check with a exp. Lawyer.

6. Can I apply for new H1 or new H1 extension through another employer (given quota is over)?. Even if you have quota, I dont think so. See 4
7. Can I change my lawyer at this point of time and consult better attorney to represent my case.
YES, if you can convince your employer, as H1B is employer's petition. Recommended

I am trying to discuss this with my employer & lawyer and try to see all (if any) the possible alternatives.

This is taking a big toll on me and would appreciate any expert advice.

Thank you in advance.

Sorry to hear. Immedly contact a very well experienced attorney.
See answers above.
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  #5 (permalink)  
Old 09-13-2012, 10:22 AM
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You have 30 days to act, only you can do is ask your employer for MTR(Motion to re-consider), then you can file new H1 with new employer, if you have you complete pay stubs and end-client letter, definetly it will work out
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  #6 (permalink)  
Old 09-13-2012, 10:47 AM
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morphtk is on a distinguished road
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Thank you for the response.

1. I am little clueless on the part of "allowed to work/stay" or "not allowed to work/stay" within this 30 day period when I / employer's lawyer would try the MTR option. Please clear my doubt on this.

2. Applying for new H1 OR new H1 extension ? Can I do this with my existing employer?

3. Applying new H1 OR new H1 extension or H1 transfer? Can this be done with some other employer?
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  #7 (permalink)  
Old 09-13-2012, 11:08 AM
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First of all dont panic on this, everything will set right in next two months
1) you can't apply the new H1 with same employer if he does MTR, because if your employer already applied MTR, that means, your employer asking USCIS to re-consider the same H1 application, which i already submitted documents and evidences are true and re-applying to next level of adjudicators
2) Technically, You can't work when your application is under MTR it may take 6-12months, but you can stay in the country legally
3) If above two thing will happen, you have plenty of time to transfer your H1 to new employer
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  #8 (permalink)  
Old 09-13-2012, 11:39 AM
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GCIssues2 is on a distinguished road
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My Wife was in same situation few weeks back but the only difference between her and you is her I94 is valid till 2014. Her employer reapplied H1b in premium process and she got approval with in a week.

What i would suggest is open MTR with the existing employer and apply new H1b extension with new employer this is my thoughts.
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  #9 (permalink)  
Old 09-13-2012, 12:56 PM
Junior Member
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morphtk is on a distinguished road
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Thank you guys for being helpful.

So from what I gather I have 2 options:

1. Apply for MTR and then apply for H1 through another employer
2. Apply for new H1 extension from current employer (and not apply for MTR)

Some clarifications please:
1. If I go with option 1, then I can stay within US but not work. And can only start working after H1 gets approved from the other employer? Is this H1 extension or H1 new?

2. With option 2, again I cannot work with current emp, but can I stay within US (assuming I apply for pp)?

3. Also, with option 2 would I be applying for new H1 extension or new H1b?

4. Would quota be a problem here or would I be exempted?
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  #10 (permalink)  
Old 09-13-2012, 01:11 PM
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talk to attorney you will understand completely, there is no "New H1" concept in your case, you can use your expired H1 to transfer any time, if you dont mind post your ph number i will explain you what to do
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  #11 (permalink)  
Old 09-14-2012, 09:50 AM
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morphtk is on a distinguished road
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hey stlouisguy:

646-470-1432

plz clarify me with what you mentioned.
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  #12 (permalink)  
Old 09-17-2012, 01:58 PM
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Quote:
Originally Posted by stlouisguy View Post
talk to attorney you will understand completely, there is no "New H1" concept in your case, you can use your expired H1 to transfer any time, if you dont mind post your ph number i will explain you what to do
Thank you for the call.. and your help.

I am following up with my attorney on this case. Hopefully he does take the right path in solving this issue.
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