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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 04-16-2012, 05:11 PM
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santhanakrishnan is on a distinguished road
Default H-1B Transfer got RFE and finally received Denial Notice

I have joined Company b from company A in Feb-2012 and My current employer(Company B) has filed H-1 B transfer and got RFE (they were asked my initial filled client letter, SOW and manager letter) then we responded to USCIS (with current client letter, SOW and manager letter—this is not being asked by USCIS) . unfortunately Yesterday we received denied notice from USCIS (but don’t know the reason for denial).
1. Here my questions is whether my current company B will go for further appeal or just ask me to re-sign/go back to offshore to join?
2. What about my current H-B status (Since having company A H-1B extension with I-94 validity up to 2013 March) will get expiry or out of status?

3. my current (company B ) employer is not responding for my mails(either need to go back India/stay in USA with appeal status)


I am in helpless state but any help or info is much appreciated.

Please advice
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  #2 (permalink)  
Old 04-17-2012, 04:00 AM
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krishna_brc is a splendid one to behold krishna_brc is a splendid one to behold krishna_brc is a splendid one to behold krishna_brc is a splendid one to behold krishna_brc is a splendid one to behold krishna_brc is a splendid one to behold krishna_brc is a splendid one to behold
Default Work for employer a if....

You can work for employer A and you will be in status as long as your original H1 with employer A is not cancelled.

H1-MTR now a days is taking somewhere between 1 year to 18months, and generally the outcome is not so favourable unless strong and new evidence is provided to support your case.

Good Luck.

Krishna
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Old 04-17-2012, 10:17 AM
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CRAZYMONK is a jewel in the rough CRAZYMONK is a jewel in the rough CRAZYMONK is a jewel in the rough CRAZYMONK is a jewel in the rough
Default

As Krishna mentioned, you are good to go with your previous employer assuming he didn't revoked your H1B.

Just to call out, filling MTR doesn't buy you the status.
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