What are the other options after H1-b denial? (F1-OPT-H1b)

[patelankit]

Dear all members,

 

Right now, I am working for Multinational Company as contractor through direct vendor. My vendor is big US Staffing firm. 

My employer(vendor) had filled my H1b on April 2013 and we had received RFE asking more evidence regarding employer- employee relationship. My employer had timely responded RFE with more evidence and after 1 month, I just got to know that USCIS has denied my H1-b petition. Reason for denial has yet to know, waiting for notice. This was my first H1b petition. I has done my master's from US accredited University. My OPT is valid till Jan 2014.

 

1. What are the chance of getting approval if my employer fill for MTR?
2. If even my MTR also get rejected, then what are the other options to stay in US after Jan 2014? how can i remain in status after my OPT expire?
3. I know about getting admission back to school and all, Is there any other visa options?

I would greatly appreciate any help!

 

Thanks.

[rahul412]

1. What are the chance of getting approval if my employer fill for MTR?
2. If even my MTR also get rejected, then what are the other options to stay in US after Jan 2014? how can i remain in status after my OPT expire?
3. I know about getting admission back to school and all, Is there any other visa options?

1.That depends on why your h1 is rejected

3.If you want to go to school then do it, but don't just do it to stay in US. That will push you into more trouble.

[patelankit]

Thanks Rahul,

I really don't want to go school again, thats why searching for other options???

Once i receive notice I will post the reason for denial.

[rahul412]

Thanks Rahul,

I really don't want to go school again, thats why searching for other options???

Once i receive notice I will post the reason for denial.

You can work till Jan, find another employer who can file your H1 next year with all proper documentation.

[patelankit]

Rahul, 

But, I am stuck here, correct me if i am wrong,

I would be out of status if I will be here for Feb and March 2014 as my OPT expires in Jan, Even if i find any other employer who can fill my h1b next year, i won't be able to work from feb to Oct 2014.

 

This is really long time, not any employer will wait for me such long and fill my h1b :(

[JoeF]

Rahul, 

But, I am stuck here, correct me if i am wrong,

I would be out of status if I will be here for Feb and March 2014 as my OPT expires in Jan, Even if i find any other employer who can fill my h1b next year, i won't be able to work from feb to Oct 2014.

 

This is really long time, not any employer will wait for me such long and fill my h1b :(

Well, that's the only option.

Maybe you can work for the employer remotely from your home country before October.

If the employer really wants you they may agree to that.

[rahul412]

Rahul, 

But, I am stuck here, correct me if i am wrong,

I would be out of status if I will be here for Feb and March 2014 as my OPT expires in Jan, Even if i find any other employer who can fill my h1b next year, i won't be able to work from feb to Oct 2014.

 

This is really long time, not any employer will wait for me such long and fill my h1b :(

You don't have any other option dude..!!!!

[sandr01]

I'm on the same boat, my h1 denied as well because of client letter. Im going forward with MTr, and have to wait around for it, meanwhile OPT is going to end soon, our only options are to keep working till we can. Perhaps your emplyer can do an L1 visa for you until a new h1b next year again incase MTR fails.

[JoeF]

I'm on the same boat, my h1 denied as well because of client letter. Im going forward with MTr, and have to wait around for it, meanwhile OPT is going to end soon, our only options are to keep working till we can. Perhaps your emplyer can do an L1 visa for you until a new h1b next year again incase MTR fails.

For an L1, the person has to have worked for the company's branch abroad for a year in the last 3 years.

If you studied, that obviously wasn't quite possible.

I suggest you stop grasping at straws, and start accepting the reality. You will most likely have to return to your home country, and find an employer from there to file an H1.

And I suggest avoiding consultants. This client letter stuff shows that the consultant is rather shady. Filing an H1 for a consulting company without a client letter is pretty much a guaranteed denial nowadays.

Find a real employer.

[sandr01]

@JoeF: Thanks for clearing out the L1 visa requirements, i wasn't aware of its rules and restrictions. That is correct, EV....C model is a fail without a client letter.

[H1BStampingAndDUI]

Dear all members,

 

Right now, I am working for Multinational Company as contractor through direct vendor. My vendor is big US Staffing firm. 

My employer(vendor) had filled my H1b on April 2013 and we had received RFE asking more evidence regarding employer- employee relationship. My employer had timely responded RFE with more evidence and after 1 month, I just got to know that USCIS has denied my H1-b petition. Reason for denial has yet to know, waiting for notice. This was my first H1b petition. I has done my master's from US accredited University. My OPT is valid till Jan 2014.

 

1. What are the chance of getting approval if my employer fill for MTR?
2. If even my MTR also get rejected, then what are the other options to stay in US after Jan 2014? how can i remain in status after my OPT expire?
3. I know about getting admission back to school and all, Is there any other visa options?

I would greatly appreciate any help!

 

Thanks.

Hi Ankit,

 

I would say keep working till December 2013. Mean while find university who allows you to do CPT from first semester. And join university in Jan 2014. That way you can continue work with same  employer/client. You just need to inform your university that Im working with this client in CPT. April 2014 file your H1b again. if its approve in second time your student status will automatically end on October 2014 and H1b will start.

There are many universities who does this. you are not only one who is facing this. I have friends they had done same thing.

 

Good Luck

[rahul412]

Hi Ankit,

 

I would say keep working till December 2013. Mean while find university who allows you to do CPT from first semester. And join university in Jan 2014. That way you can continue work with same  employer/client. You just need to inform your university that Im working with this client in CPT. April 2014 file your H1b again. if its approve in second time your student status will automatically end on October 2014 and H1b will start.

There are many universities who does this. you are not only one who is facing this. I have friends they had done same thing.

 

Good Luck

 

OP already mentioned that he is not interested in going back to school and please don't corrupt his brain with your suggestion. CPT is not for FTE it's part of F1 program. Now that you have suggested about how to abuse CPT.

[sandr01]

Hi Ankit,

 

I would say keep working till December 2013. Mean while find university who allows you to do CPT from first semester. And join university in Jan 2014. That way you can continue work with same  employer/client. You just need to inform your university that Im working with this client in CPT. April 2014 file your H1b again. if its approve in second time your student status will automatically end on October 2014 and H1b will start.

There are many universities who does this. you are not only one who is facing this. I have friends they had done same thing.

 

Good Luck

 

bad idea! he should stick to doing things legal, work till OPT and just have an MTR pending for the denial.

[JoeF]

Hi Ankit,

 

I would say keep working till December 2013. Mean while find university who allows you to do CPT from first semester.

BAD idea.

NO real university offers CPT from day one anymore. These days are over.

CPT is dead. Cut that acronym out of your vocabulary.

Such CPT abuse would come result in lots of problems, up to deportation and a lifelong ban!

[patelankit]

Dear all,

Thank you for your responses,

 

I received my denial notice and reason behind the denial are E-E relationship and Specialty occupation.

Earlier, USCIS had asked for more E_E relationship evidence in RFE but it seems they were not satisfied with evidence provided by my employer. And Denial Notice says that this job position doesn't comes under specialty occupation and as everyone knows that this year quota has already fulled so no chances for reapply in regular quota. 

And surprisingly, reviewer didn't raise specialty occupation issue in the RFE. He just added in denial notice. My reviewer made really strong case against my petition and also he raised serious concern over credibility of my employer (He is one of the top staffing firm in the US).

 

Now, my employer is planning to fill MTR, but i am really worried that what are the chance of MTR getting approve?

 

Thanks,

[sandr01]

Dear all,

Thank you for your responses,

 

I received my denial notice and reason behind the denial are E-E relationship and Specialty occupation.

Earlier, USCIS had asked for more E_E relationship evidence in RFE but it seems they were not satisfied with evidence provided by my employer. And Denial Notice says that this job position doesn't comes under specialty occupation and as everyone knows that this year quota has already fulled so no chances for reapply in regular quota. 

And surprisingly, reviewer didn't raise specialty occupation issue in the RFE. He just added in denial notice. My reviewer made really strong case against my petition and also he raised serious concern over credibility of my employer (He is one of the top staffing firm in the US).

 

Now, my employer is planning to fill MTR, but i am really worried that what are the chance of MTR getting approve?

 

Thanks,

 

MTR takes a while to get a result (3 - 9 months) and its all based on strong evidences you present. Client letter is a must, if you don't have that its even harder, you have to present evidences that state client letter is aginst their policies etc. Either way it's all upto the officers perception, MTR get revised by the officer who denied and by another person as well supposedly for a decision, so make sure you get a good lawyer to represent your case well.

[Poulami]

Hi Ankit,

 

I would say keep working till December 2013. Mean while find university who allows you to do CPT from first semester. And join university in Jan 2014. That way you can continue work with same  employer/client. You just need to inform your university that Im working with this client in CPT. April 2014 file your H1b again. if its approve in second time your student status will automatically end on October 2014 and H1b will start.

There are many universities who does this. you are not only one who is facing this. I have friends they had done same thing.

 

Good Luck

Hi,

 

Could you please tell me which are the colleges that issue CPT from the 1st semester, specially in the Birmingham, Alabama region. Thanks.

[catx]

Hi,

 

Could you please tell me which are the colleges that issue CPT from the 1st semester, specially in the Birmingham, Alabama region. Thanks.

 

Almost all schools that promise to issue CPT from the 1st semester are questionable, if not complete fraudulent institutions.  What you are asking about is generally a violation of immigration laws, regulations, and rules, and fraud.

 

You should either be going to school for studying and earning a degree on a F-1 visa (not to work) or having an employer petition for a H-1B visa to work.  Using CPT employment authorization for a job as a way around a H-1B visa is illegal and fraud.  Learn and follow the law.  If you are not willing to do that, then you need to leave the U.S.

[JoeF]

Hi,

 

Could you please tell me which are the colleges that issue CPT from the 1st semester, specially in the Birmingham, Alabama region. Thanks.

There are NONE.

Forget CPT. It is dead, due to abuse by frauds like TVU or ****.

If you abuse CPT, you kill your future in the US.

[kwyjibo]

Some people, when they get their H1B denied, get admission to a university, and start working on CPT. It's kind of shifty, but works for many. And the next year, they apply for H1B again. An appeal could be tough if the employer didn't prove an end-client project.

[rahul412]

Some people, when they get their H1B denied, get admission to a university, and start working on CPT. It's kind of shifty, but works for many. And the next year, they apply for H1B again. An appeal could be tough if the employer didn't prove an end-client project.

Now-a-days USCIS is rejecting the applications or issuing RFE's if they see CPT on that record. So it's always better to avoid that path, may be some people are lucky but it will come back after some time. Recently ppl from one univ got into trouble even though they were out of that univ 4 yrs ago.

[JoeF]

Some people, when they get their H1B denied, get admission to a university, and start working on CPT. It's kind of shifty, but works for many. And the next year, they apply for H1B again. An appeal could be tough if the employer didn't prove an end-client project.

This is nowadays not working anymore.

This kind of abuse is what killed CPT.

It is a sure way to kill your career in the US.