H1B Amendment Denied.Multiple Amendments in Play

[rockafficiando]

Hi,

I work for a boutique management consulting firm which requires me to travel to different client site for projects every 6-9 months on average. I'm on H1 status with I-140 approved and have never had a blemish on my record until now.I have worked with the company for 4-5 years now and have had 2 previous H1 approvals with them in addition to the PERM and I 140 approvals for the same employer

I usually file H1 amendments/extension on PP.Ever since it was revoked in this years moratorium, I had to file 2 H1B amendments one in March 2017 and another in June 2017 for 2 different clients(without PP).My current i-94 expiry is March 2018

The March 2017 amendment went into RFE sometime in May 2017 and i had rolled of that project and client location by then.So filed another amendment in June 2017 for the new client

My March H1B  was denied last week and there was no reason mentioned for denial.My employer wouldn't give me the denial letter citing company policy.The HR wanted to fire me for no status until I had to intervene and explain that I might still be in status due to my original i-94 expiration of March 2018.Fortunately after reading the fine print of the denial the HR and Immigration assistants in my organization said USCIS allowed me to be in status of H1 until my i-94 expiry date.The lawyers now say that my June 2017 H1 can also be denied as i have a record of denial.And most likely that will be the case if they raise another RFE while migrated from this project as well.

So, I'm kind of stuck in this vicious cycle until Premium Processing opens up and I can file another amendment for a project in PP.So, I would like a second opinion on a few items.

1)My company is filing to appeal denial?How long doe denials take to be vetted? Will it eclipse my current i-94 date of March 2018

2)If my June 2017 H1 is also denied, do i still get to stay until my i-94 date. Or will i go out of status immediately?I ask this because i might not have another amendment filed until about Nov/Dec 2017 and not sure if the firt denial allowed me to stay until my i-94 date due to another petition.I'm confused what last action takes precedence?

3)I can go on H4 and apply for EAD as my wife is on H1 and has an approved I-140, but she currently applied for H1 extensions as her H1 expires in Dec 2017.She is not in a consulting firm and hopefully her extension goes through soon and i can have H4 EAD as a backup(until they revoke it with the current political climate we are in)

I will be scheduling a call with Murthy attorneys, but wanted to get some initial details to see what are some of my options and get 2nd opinions outside of my company's attorneys

[rockafficiando]

On 8/10/2017 at 0:26 PM, rockafficiando said:

 

Can someone reply to my queries