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h1b MTR2016

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Posts posted by h1b MTR2016

  1. On 12/21/2016 at 4:04 AM, Neha07 said:

    Hi Ravi,


    My Petition was denied on Nov 16th and MTR was filed on 16th Dec, 2016. Reason for denial was Employer-employee relationship(expired SOW). Can I expect the decission to come by January or february end atleast.

    Were you from the Masters category or regular?



    Hi Neha,

    There is no processing time for MTR. My H1B was filed under Masters quota. My MTR is pending for almost 5 months. It's still in Initial review status. It's a long wait to get a decision, most likely 3-9 months. 

  2. 5 hours ago, JoeF said:

    If you can't work at the client site due to not having work authorization, that's different than not having the client anymore. USCIS understands that. As long as the client is ok with you taking a leave of absence until your work authorization is sorted out, there wouldn't be much issues.

    The client letter is about "once the H1 is approved, here is the project the person would be working on." It is ok to not work on the project before the H1 is approved, people who have an H1 filed while not in the US would have that same situation. It is important that the project exists, and that you are going to start working on the project when the H1 is approved.

    I understand your point. What if the client replaces me with someone else in the interim period while my MTR is pending? That is a possibility. I do have the client letter for 2 years. But no client would want anyone to delay the timelines of the project. Even if they do me a break, it would be difficult to tell them when I would get a decision on my case. 

    Yes, client issued a letter in April for start date of 1st Oct. But the decision didn't go my way. The project is ongoing since January this year. I'm on OPT since. 


  3. 6 hours ago, shekar11# said:

    Yes. Not working is better than working on CPT. You should be good. You can explain saying that because your OPT expired, you had to stop working. Consult an attorney for more options. I had a similar issue back in 2008. My H-1 was approved after 7 months of applying MTR.

    In your case, were you able to go back to your client after your H-1 approved. What if my client replaces me with someone else in the interim period after my OPT expires and I'm not able to go back when H1 is approved? My employer is saying H1B application was filed for specialty work at the client company. So, you have to continue working there after OPT on CPT. 

    Also, since my status at the time of filing MTR was F1 OPT , won't USCIS evaluate my application based on my status at the time (OPT) not future (say CPT)? Does USCIS check my status at the time of approving MTR for change of status to H1B? What I have heard from people is CPT to H1B is an issue only if at the time of lottery, someone's status is CPT. There's minimal to no impact on MTR  if someone's status at the time of lottery was F1 OPT (E.g.: Mine) but at time of MTR was CPT. If H1B is approved, but change of status is denied, then Cos can be addressed by going for stamping in the home country. I'm not sure how true this is. I'm extremely stressed at this stage! Please advise.  

  4. 7 hours ago, JoeF said:

    So, you already know CPT is bad, why are you even thinking about it? Abuse of CPT would kill your career in the US.

    Was your degree in a STEM field? If so, you can get a STEM OPT extension.

    And an MTR is generally a waste of time and money. It would only help if there is new evidence that USCIS didn't have originally.  But what you "read online" about the MTR becoming void when you exit the country is simply wrong. Have you checked that with your lawyer? COS is not possible when you are abroad, because by definition, a person only has a status while in the US. But that has nothing to do with an H1 petition or MTR per se.


    I graduated from a non-STEM program. So, I don't have any options.

    My MTR was filed with new evidence. I do believe strongly my case was not adjudicated fairly. I'm hopeful of a positive decision. I just don't know when that will happen.  Thanks for clarifying about MTR. 

    I understand the implications of CPT. I'm concerned because me not working at client side post OPT end date may make USCIS to check  with client whether work is available for me(Won't they?). I have submitted exhaustive documentation, including authorized client letter for 2 years of specialty work. Won't USCIS deny my MTR based on me not working at client side anymore post OPT end date(in case they open my file after my OPT ends and calls the client). What if my client says he does not work anymore?  



    Are you saying not working at client side is better than working CPT, while my MTR is pending ? Won't USCIS say , 'You stopped working at client side after OPT. What's the guarantee you have specialized work for 2 years at that client?'  I'm most concerned about this aspect. 

  5. 9 hours ago, shekar11# said:

    Should I bite the bullet and enroll in a first day CPT type shady school to continue working for the existing client?

    That is the worst possible option after graduating from a top university. Don't ever think you can get away. If not now, USCIS can scrutinize you for your future H-1 extensions and GC process if you want to take up CPT from day 1 from a shady institution.

    Better to consult a good immigration attorney for suggestions.

    I understand the implications. I'm concerned because me not working at client side post OPT end date may make USCIS to check  with client whether work is available for me. I have submitted client letter for 2 years. Won't USCIS deny my MTR based on me not working at client side anymore post OPT end date? Are you saying not working is better than continuing to work at client side on CPT ?

    I'm most concerned about this aspect. 

  6. Hi All,

    My cap subject H1B was denied this year. A motion to re-open was filed in early August. Since August, there have been no updates from USCIS. 

    My OPT is valid only till Feb,2017. I'm not even sure how long I can wait for a decision ?My attorneys raised a service request last month. There has been no response from USCIS. 

     I'm thinking of applying for second masters to maintain F1 status while MTR is being processed. I read online that MTR case becomes void when I exit the country. I'm not keen on a second degree at all  since this will involve me enroling in shady universities that offer CPT. I guess there's increased scrutiny these days from USCIS for CPT to H1B case. I have a Masters degree from a top university. I don't want to jeopardize my career by enroling in such universities. But my H1B application was filed through a consulting company for a major client company. If I decide not to enroll in a CPT school, will that not impact my H1B application filed for a client company ? Should I bite the bullet and enrol in a first day CPT type shady school to continue working for the existing client?

    Please suggest the best options for me at this stage. Thanks. 

  7. 1 hour ago, sangeeth616 said:

    Yes its more than a year now. I raised it 3+ times but did not get a decision and also we cannot raise a request by own your petitioner(employer/attorney) can only do that. Even i did the same my opt was ending oct 2016 so i enrolled in second masters in August 2016 itself. I am on F1 right now. I would say better do not risk of going out of the country as the situation outside is little unfavourable. Hope you will hear something soon. All the best!!

    All the best to you too! Which school did you enrol in .. Which universities are good for second masters? I sent you a message. Please check. 

  8. On October 3, 2016 at 2:39 PM, sangeeth616 said:

    Sorry for what happend to you. But here USCIS people do not provide the decision right on time for MTR it all depends on the case and officer. I applied MTR on August 10th 2015 and my case says still case was received. Saying that it may also takes lesser time as you can see in this forum. But again it all depends man but dont keep hopes on getting the decision early...

    Wow.. You have been waiting for 1 year? Hope you get a decision in your favor soon. How many times did your attorney/employer raise Service Request ? Can we raise a service request on our own? 

    I'm keen to get a decision on my case soon. The sooner, the better. My OPT is valid only till Feb 15,2017. I'm not even sure how long I can wait ? I'm thinking of applying for second masters to maintain F1 status while MTR is being processed, if a decision does not come by November 15. Do you think I should enrol in another masters? Does my H1B case get void if I exit the country within 60 days of end of OPT? What's your status? 

  9. HI All,

    Below are the details of my case

    H1B Applied : April 4th 2016

    H1B RFE(E-E relationship) :  May 10 2016

    RFE Response : June 4 2016

    H1B Denied(Specialty occupation and E-E relationship)  : July  10 2016

    MTR Applied( Motion to Reopen and Motion to Reconsider) : August 9 2016

    Current Status:  'Case Received'

    H1B denial decision is a very very unfair decision for me. I submitted all documents needed including the client letter. My education and prior work experience is in the same field I'm working now . Inspite having all the necessary skills to perform the job,USCIS thinks it's not a specialized role . My employer has submitted exhaustive evidence justifying the same. For MTR, my client manager has clearly mentioned the duration of the project to be alteast 24 months. I'm hoping the MTR and the H1B petition is approved soon. 


    Anyone else waiting for MTR decision still? Anyone applied for MTR recently..

    Can I raise a service request before 90 days? My attorneys told me it's a very arbitrary decision by USCIS. They have not encountered a case like mine where H1B was denied based solely on narrow interpretation of immigration laws/ status not considering exhaustive set of documents submitted.