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About ml98

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  1. Hi User099, My new H1b petition has been approved without a RFE on Jan 13, today my visa has been issued without any problems. I followed your advice on project documentation, that helped in my new H1b FTE petition. my petition went to California service center. Lesson learned: Do not take RFE lightly or even the initial H1b application for that matter. Don't completely rely on your employer and attorney. Do your research, there is a ton of info online, and there are some generous folks online. Don't hesitate to take a consultation call with immigration lawyers, if you have any doubts, i took one it costed 200 dollars but was worth it. Go through the RFE throughly. See if your final response documentation is answering the questions raised by the RFE. Dont just send lengthy generic documentation and assume the officer will do his digging. Show him the proofs, show him the crucial details you want him to see, Remember RFE is a second chance to you granted by uscis to be more clear, respect that and be clear in your documentation. Do premium if possbile and apply for extension at least 5 months before I-94 expiry. Be a step ahead of your employer and attorney. You are no that important to them (employer and attorney), they will say sorry when your life is screwed. Keep track of all the crucial dates (i-94, h1b expiry etc) and documents (797, 140 approvals notices etc) Thank you very much to all the generous strangers online. I hope this helps at least one person somewhere.
  2. 2. You will need a letter that defines the product upgrade/maintenance project which will need your expertise. There is a legit upgrade and modernizaton project effort that is actively been going on, it is just that, the upgrade project is not in the public domain yet and morever there is no evidence on the internet or the company website, to prove that the upgrade project actually exists. However, i can provide ample documentation on the upgrade project and references to the need for my services, would that suffice as evidence. I would like to hear your thoughts on this. 3. A Master service agreement between the end client and the product company which describes the warranty and support plan for the product will help your case. I totally agree. However. there are more than 30 counties that use our product, would it make sense to get at least one of the county, show the agreement with my client aka employer. Analogy here is, lets just say i work for Netfix, it wouldn't make sense to get a client letter from every subscriber, moreover i work in the IT operations side 15-1199.02 , i dont ever have to report or deal with the clients. I would like to hear your take on this one as well. Thanks for your help in advance.
  3. Thank you, after carefull review of my RFE response documentation, from an USCIS officer perspective, i realized that it wasn't up to the mark. I, with guidance of a discerning attorney, could have done a better job. You are right USCIS might give me a RFE, as a second chance to get the documentation right this time around. I have taken a good note of your feedback, its making sense now.
  4. ml98

    can multiple company file H1b for me at the same time

    Hi I’m almost in the same boat as you were. My H1b got denied, so I’m planing to have me client and new employer file H1b consular process. What ended up happening in your case. I’m worried that I might hurt my fte H1b with the my new employers h1.
  5. My client's attorney says, he has to disclose the denial details in his new petition, so he thinks chances of approval are slim. I guess among other things, i need to be prepared to provide better documentation with new attorney's help probably.
  6. Update: Client's attorney after reviewing my case, says that the he has to disclose the denial details in his new petition and there is no way around it. Moreover he says that this is a tough case and chances are slim. Most of my collegues got H1b transfer to ths FT position well without any issues. But in my case, due to the previous denial notice disclosure, the new petition will be affected.But i don't have a choice and i am going with the FT offer and new petition. If there is an RFE i think, client's attorney might do a better job responding than my current employer's attorney. My employer stopped talking to me after denial, funny how that works.
  7. Sorry to hear that, i would say get all your questions lined up and consult an attorney. Forums can be helpful but again consulting an attorney on these matters is worth it in my opinion.
  8. I went with 15-1199 as my job title is Systems Engineer. My petition was rejected stating that my client is a consulting company(from what the website looks like), that the client's product that i am working on is already a finished product and there is no availibility of work. In the RFE response, we have mentioned about the product, architecure, ongoing work and future milestones, press releases, detailed job description with o.net references etc. He just didn't buy it and came to the above conclusions. I wish my attorney did a better job. and i wish they filed for my extension well before I-94 expiration.
  9. I-140 approved, I94 expired, H1b extention denied, SOC: 15-1199, Vermont processing center, EC model. H1b applied: 9/17/2019, RFE: 9/27/2019, I94 expired: 10/10/2019, RFE response: 11/12/2019 and H1b denied: 11/22/2019 My current client is offering FT and is willing to file a new H1b petition, but it will be through consular processing as per my understanding. I am leaving US next week. I am currently wrapping up stuff in US, selling my car, donating clothes and furniture etc. Its very heart breaking for me to leave like this.... Questions: Can my client file for a new H1b while i am in the US, or they can only file a new H1b petition while i am in India ? Can an employer B file for a new h1b for the same position ? would it be a duplicate application ? How long can i stay, i know i have to leave ASAP, but would 15 days of "unlawful presence" justifiable ? Please let me know you thoughts. Thanks a lot in advance.
  10. ml98

    H1B Extension - RFE - Denied

    What was mentioned in the denial notice ?
  11. E-C model, Second extention, Vermont processing center, 140 approved, i94 expired 11 page RFE: Employer-Employee and Speciality Occupation- Availability of work. Also it states that the client A's website appears to be consulting company and that it must have an ultimate end-client......... Truth is my client A does both solutions and consulting, i actually work only in the solutions/product side and for my position my Client A is the ultimate end-client. Client A has recently redesigned its website and it does actually appear as a pure consulting but it is not, they just recently decided to venture into the cosulting business. In my RFE response i am submitting, 1. detailed job duties with percentages and reference to o.net 2. Letter from client A with my job duties, explaining that it is the ultimate end-client and also that my position is a speciality occupation, 3. Client A's product ppt slides with milestone dates, some arch diagrams.. 4. Screenshots and links to articles and press releases of client A's product 5. SOW (trying to obtain one) Would that suffice ? Please advice.
  12. I see thank you for your response. I'll do more research on this consular processing. I am seriously considering Canada, with my current date 05/2015 i will have go through this rfe/stamping/amendments for at least 4 more times. lets see where my boat sails, i am preparing for the rough sea.
  13. I forgot to mention in my initial potst. My current has expired on september,30,2019. Can i still have my current client file for a new H1b, while my H1b extenion in on rfe ? Please advice.
  14. I recently received an RFE from Vermont processing center, this is my second extension. RFE is about employer-employee and specialty of occupation. My current client is willing to sponsor H1b. I am apprehensive that filing for a H1b, while my current h1b is on employer-employee RFE, would make things worse.