H1B AMENDMENT DENIED...

[TNA123]

Hi,

I am working for Employer E1, Vendor V and Client C. My employer E1 filed for H1B amendment for client location C which got RFE(Right to control) and after RFE response it got denied and waiting for denial response Document from USCIS.

My current I-94 is valid till Jan 2018. below is my questions:

1.  Is it legal for me to work for client C till I-94 and/Or if the new petition is filed and during when the new petition is in processing?

2. At this point, can I transfer my H1B to new employer/Vendor V? Will my H1B amendment denial affect the H1B transfer?

3. What are the other option available?

[satya2k1]

On 7/20/2017 at 4:06 PM, TNA123 said:

Hi,

I am working for Employer E1, Vendor V and Client C. My employer E1 filed for H1B amendment for client location C which got RFE(Right to control) and after RFE response it got denied and waiting for denial response Document from USCIS.

My current I-94 is valid till Jan 2018. below is my questions:

1.  Is it legal for me to work for client C till I-94 and/Or if the new petition is filed and during when the new petition is in processing?

2. At this point, can I transfer my H1B to new employer/Vendor V? Will my H1B amendment denial affect the H1B transfer?

3. What are the other option available?

1. Yes, you are legal to work till I-94 expiration or till new petition is adjudicated.

2. you can ask new employer or vendor V to apply for H1 before your current I-94 is expired.

3. find a fulltime genuine employer and request them to apply for H1 before your current I-94 is expired.

[shivaS1]

Hello Satya,

Than you for your time and guidance.

I am a contractor working on EVC model for Consultancy Company A (employer) who filed for an H1 amendment (change of location) recently.My current client(company B) did not provide me with any client letter but gave an email saying that client doesn't provide any client letter. My LCA filed under level 1 wage level. I have a masters degree in the USA but still, USCIS gave me an RFE asking for justification of speciality occupation and level one wage. My employer responded but my amendment got denied. 
My Questions are,

1. How long can I work for company B(client)  after denial?
2. Does anything happen to my base H1b approved petition?

3. What are my options now to be in status?
4. can I work for the same client if I find another employer and they transfer my visa?

 

-Thanks

 

[shivaS1]

@satya2k1

Hello

Thank you for your time and guidance.

I am a contractor working on EVC model for Consultancy Company A (employer) who filed for an H1 amendment (change of location) recently.My current client(company B) did not provide me with any client letter but gave an email saying that client doesn't provide any client letter. My LCA filed under level 1 wage level. I have a masters degree in the USA but still, USCIS gave me an RFE asking for justification of speciality occupation and level one wage. My employer responded but my amendment got denied. 
My Questions are,

1. How long can I work for company B(client)  after denial?
2. Does anything happen to my base H1b approved petition?

3. What are my options now to be in status?
4. can I work for the same client if I find another employer and they transfer my visa?

 

-Thanks

 

[satya2k1]

On 7/28/2017 at 11:07 AM, shivaS1 said:

@satya2k1

Hello

Thank you for your time and guidance.

I am a contractor working on EVC model for Consultancy Company A (employer) who filed for an H1 amendment (change of location) recently.My current client(company B) did not provide me with any client letter but gave an email saying that client doesn't provide any client letter. My LCA filed under level 1 wage level. I have a masters degree in the USA but still, USCIS gave me an RFE asking for justification of speciality occupation and level one wage. My employer responded but my amendment got denied. 
My Questions are,

1. How long can I work for company B(client)  after denial?
2. Does anything happen to my base H1b approved petition?

3. What are my options now to be in status?
4. can I work for the same client if I find another employer and they transfer my visa?

 

-Thanks

 

Hi Shiva,

You can work for your original Employer A with valid I-797, until your I-94 expires.  Your base H1B does not affect with amendment denial.  Your amendment is not approved, but you can still work as long as you have an valid I-94 from base H1B.  Your employer can apply for another amendment with substantial change such as with level 2 wages or different position or different location. If you can find another employer who files your amendment with same client work, then you can continue working for same client.

Edited July 30, 2017 by satya2k1

[Arun S]

On ‎7‎/‎20‎/‎2017 at 3:06 PM, TNA123 said:

Hi,

I am working for Employer E1, Vendor V and Client C. My employer E1 filed for H1B amendment for client location C which got RFE(Right to control) and after RFE response it got denied and waiting for denial response Document from USCIS.

My current I-94 is valid till Jan 2018. below is my questions:

1.  Is it legal for me to work for client C till I-94 and/Or if the new petition is filed and during when the new petition is in processing?

2. At this point, can I transfer my H1B to new employer/Vendor V? Will my H1B amendment denial affect the H1B transfer?

3. What are the other option available?

At TNA123...

What happened after the denial. Were you able to work . I am in a similar situation

 

[Lali2017]

Hi,

I was working for for Client A in NJ - with an employer E1 in Maryland, I have a valid I94 till Jan-2019 with them.

In April I moved to CA with the same employer and Vendor V and Client C. My employer E1 filed for H1B amendment for client location C which got RFE(Right to control) and after RFE response it got denied and waiting for denial response Document from USCIS.

Below are my questions:

1.  Is it legal for me to work for client C till I-94 and/Or if the new petition is filed and during when the new petition is in processing?

2. At this point, can I transfer my H1B to new employer? Will my H1B amendment denial affect the H1B transfer?

(I just got an offer from a genuine Fortune -10 IT company, I have'nt updated them about the denial yet. Will this denial affect my offer with this company? Its been a dream for me to join this company since my collage days - Now I feel like a looser, I lost everything in life)

3. What are the other option available?

[Lali2017]

On 7/23/2017 at 0:02 PM, satya2k1 said:

1. Yes, you are legal to work till I-94 expiration or till new petition is adjudicated.

2. you can ask new employer or vendor V to apply for H1 before your current I-94 is expired.

3. find a fulltime genuine employer and request them to apply for H1 before your current I-94 is expired.

Hi Satya,

Are you sure he can still work with client C, as the amendment filed for that location and client is denied. Assuming he got the denial today and it would take 2-3 weeks for his employer to file a new petition.

Thanks a lot for the great work you are doing here.  

[shriamit82]

Hi All,

please help me in my case.

My I94 will valid till end of March 18 and My employer X had filed my Amendment for my new client C and after receiving a RFE it got denied.

I would like to know can my current employer X file the new amendment again for same client C?

Regards,

Guest

[satya2k1]

On 11/30/2017 at 3:01 AM, Lali2017 said:

Hi Satya,

Are you sure he can still work with client C, as the amendment filed for that location and client is denied. Assuming he got the denial today and it would take 2-3 weeks for his employer to file a new petition.

Thanks a lot for the great work you are doing here.  

Hi Lali,

yes, he can still work as long as he is getting paid and Employer did not revoke his H1B.

[satya2k1]

On 12/16/2017 at 2:58 AM, shriamit82 said:

Hi All,

please help me in my case.

My I94 will valid till end of March 18 and My employer X had filed my Amendment for my new client C and after receiving a RFE it got denied.

I would like to know can my current employer X file the new amendment again for same client C?

Regards,

Guest

yes, your employer can file another amendment with some new information.  If they submit same application without any changes then it gets denied again.  As now they know the reason for denial, they should submit documentation addressing those denial reasons.

[krish1485]

Hi,

I'm currently working with Employer A for Client B and I had a role change and location change for which my Employer A has filed an amendment  but I got an RFE and my petition got denied. My I94 is still valid till Sep 2018.

So, I have the below queries.....

What are my current options to work with my present employer for same client ? Would my base H1 petition would be still valid until my I94 expires ?

Can I work with my present employer A and current client B on my previous role and at previous location ?

Does my employer has to raise any new amendment for a different client ?

 

Thanks in Advance for your response!!!

[Pd1]

Hi,

I was working with Employer-A for client-A till Saptember  2015. I changed my client to client-B with same Employer-A on October 2015.

My Employer-A did not file the H1B amended petition when I changed the client on October 2015 as both jobs are in the same MSA. ( within 5 miles redius).

My current H1b I-94 expiring in last week of May 2018..My Employer-A filed H1b extension and amendment in January 2018 with client-B and Got RFE and he respond and then got denied due to speciality occupation reason.( seems like didn’t like job title)

Now my questions are:

1: Is legal to continue work with client-B through Employer-A till my I-94 expired ( May 2018)?

2: My Employer-A file new H1b extension with different positions with different client-C. Is it ok to continue work with client-B till I get H1b extension with other client.

3: Can I go with new Employer-B and file H1b transfer with same client-B  with different position?

4: What are other best options?

Thanks much in advance .

[Krishnakanth107]

Hi,

My employer applied for H1B Amendment petition for new job title and company brand name change (EIN is still the same) and it went into RFE and got denied. In this timeframe, I got a promotion and my job title changed again and work location changed. My original h1b petition is till August 2019. 

1. Can My employer reapply for amendment with my new job title and new work location and also addressing the issues in this denial notice?

 2. Can I ask my employer to change back my job title to the initial one as in the I797 receipt and go for stamping? Is name change necessary for amendment?

3. Since I already started in the new position and as my amendment got denied, will there be a chance for USCIS to revoke my original petition?

4. What are my options if the original is revoked? Can my employer request for motion to reopen and apply for one more amendment with the new job title and location change?

 Any help would be greatly appreciated. Thanks

[gkbandi]

Hi,

I am working on remote location (Atlanta) for a client (California) where my employer is a direct vendor and I have moved to different location (Virginia, remote work) due to my personal reasons and my employer has filed an amendment for location change then received RFE for Speciality Occupation, Employee Employer Relationship, Education and Job evaluation (I have 15 years study + 2 yr IT Diploma with private institute  from India) and 12+ years of IT experience, 6 yrs with current employer) . 

1. Client is not ready to provide client letter (is it mandatory)?

2. I am pursuing new employment opportunities with other employers (Direct Client), is it okay to file H1b transfer with new employer while RFE is going on?

3. To fulfill the requirement of 16 years study, 15 years education + 3 years work experience (for 1 yr study) is sufficient?

Please advise to take right steps to address RFE and pursuing with new employment opportunity. I really appreciate your help in this regard.

Thanks.

[Krrish1986]

Hi,

I am working on EVC model and Only 1 layer between my employer and client , my employer has filed an amendment for new client and got RFE, employer provided required document but amendment got denied due to employer-employee relationship and specialty occupation, unfortunately my contract ended with current client after 1week of amendment denial but I have my i797 till 2020 march,

Since my contract ended with client I can't do motion to reopen in this scenario 

below are the possible options based on the information available in online and other sources

1. Getting new opportunity with new client and file new amendment --please confirm is there any time period to file new amendment with new client since my contract ended with current client 

2. Changing current employer to FTE with Direct Client or changing current employer (current one is small firm they have less than 50 employees) to new employer with direct client (Employer client model)--please confirm is it good option to transfer H1b to new employer or switch to fte(direct client)  when Amendment denied with current employer ?

3. Finding new contract in the previous location where my previous amendment approved --I assume employer no need to file amendment if I find new client in previous  location,please confirm.

Please let me know  is the above options are the right options and provid me the other possible and best options in this case,  I really appreciate your help in this regard.

Regards,

krish 

 

Edited October 25, 2018 by Krrish1986

[RajSingaram]

Hi,

I was working with Employer A for client A and my employer filed H1B amendment because of the client change (client B). The client B is in same city within 50 miles. But the amendment got denied because of specialty occupation. 

My H1B I-94 is valid till end of this year. Considering this, after the denial, am I allowed to work for Client B till new amendment is filed?

Regards, Raj