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kiran436

H1 transfer denied and I-94 expired, later consular H1B approved

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Hi,

Initially my employer B filed a H1B transfer from employer A in regular processing in April 2017 and had a RFE in MAY 2017 on speciality occupation. Employer B responded to RFE in AUG 2017 but USCIS denied it on OCT 25, 2017. By that time my I-94 had expired (Aug 13, 2017 is expiry date).

After couple of days, employer B refiled a new H1B petition in Premium processing through consular process on NOV 16 and got approved on NOV 24 with validity from NOV 27, 2017 to NOV, 2020.

My question is...

1) How many days I was in Out Of Status? 

2) Will I be in status from NOV 27 ?

3) Since I don't have I-94 and need to leave USA to get Visa stamped, May I know how long it takes to receive hardcopy of I-797 after approval?

4) Will there be any much scrutinization at Visa stamping or Port of entry due to having Out of Status? Are they any recommended answers to handle questions on Out Of Status?

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Hi kiran,

i did my bachelors and masters in mechanical engineering, i too have speciality of occupation rfe. i do have 6 years of experience in IT.can you please tell me, from where have you got education evaluation letter and what you think,what are the reasons behind your approval?

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If person I-94 expired and L1 wage level RFE response denied, then that person still be in US provided his/her employer initiate new H1B filing after receiving denial notice?

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Hi,

I did my educational evaluation through Fordham University. They are good in evaluating education and experience. Their evolution helped me to get it approved.

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@kiran436

When your Employer B filed your new petition , Did they apply your petition in the same job position or did they change your job position to some other job position ?

I am in the same boat, My H1B got denied for level 1 wage issue, My attorney filed my H1 B extension in wrong job category and wage level.

I don't know what to do now

could you please suggest what is the best option for me

1. Apply new H1 B petition for the same position in different category and wage level  ?

2. Apply new H1 B petition from different employer with a different job position ?

I really appreciate your quick response

Raj

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Hi Raj,

Mine is not wage level RFE. It's on speciality occupation. In your case, apply new H1B with same employer for same position with Level wage 2 . Different employer also can do but they need to initiate fresh LCA with same level 2 wages.

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Hello Kiran:

How did you contact Fordham University for evaluation? It looks like they're a Theology University for the most part and they don't even have school of Engineering. 

Could you please give some additional information like what's the procedure for evaluation with them?

Thanks,

B.Govindam

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Hi Kiran

I have received a similar RFE can you please let me know what all details you have submitted while applying for the consular processing H1.

 

Thanks

babu

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Hi Kiran,

Could you please provide me  more information on the education evaluation. How did you get your evaluation done?

Are you travelling out of the country as your I-94 is expired?

 

 

Regards.

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Hi kiran,

You are like a silver lining to my current scenario. My H1b petition got denied based on specialty occupation, inspite of having a Msc in the same field from a US university. My company is refiling for my h1b with a new LCA. May I know if you had applied for a new LCA with new job title or salary?

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@Kiran436,

 

Please share the status on the questions you have asked earlier. Mine is similar kind of situation and have the similar kind of questions.

Please share ur details and experience on the questions. 

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On 11/25/2017 at 5:53 PM, kiran436 said:

Hi,

Initially my employer B filed a H1B transfer from employer A in regular processing in April 2017 and had a RFE in MAY 2017 on speciality occupation. Employer B responded to RFE in AUG 2017 but USCIS denied it on OCT 25, 2017. By that time my I-94 had expired (Aug 13, 2017 is expiry date).

After couple of days, employer B refiled a new H1B petition in Premium processing through consular process on NOV 16 and got approved on NOV 24 with validity from NOV 27, 2017 to NOV, 2020.

My question is...

1) How many days I was in Out Of Status? 

2) Will I be in status from NOV 27 ?

3) Since I don't have I-94 and need to leave USA to get Visa stamped, May I know how long it takes to receive hardcopy of I-797 after approval?

4) Will there be any much scrutinization at Visa stamping or Port of entry due to having Out of Status? Are they any recommended answers to handle questions on Out Of Status?

 

On 11/25/2017 at 5:53 PM, kiran436 said:

Hi,

Initially my employer B filed a H1B transfer from employer A in regular processing in April 2017 and had a RFE in MAY 2017 on speciality occupation. Employer B responded to RFE in AUG 2017 but USCIS denied it on OCT 25, 2017. By that time my I-94 had expired (Aug 13, 2017 is expiry date).

After couple of days, employer B refiled a new H1B petition in Premium processing through consular process on NOV 16 and got approved on NOV 24 with validity from NOV 27, 2017 to NOV, 2020.

My question is...

1) How many days I was in Out Of Status? 

2) Will I be in status from NOV 27 ?

3) Since I don't have I-94 and need to leave USA to get Visa stamped, May I know how long it takes to receive hardcopy of I-797 after approval?

4) Will there be any much scrutinization at Visa stamping or Port of entry due to having Out of Status? Are they any recommended answers to handle questions on Out Of Status?

@Kiran436,

 

Please share the status on the questions you have asked earlier. Mine is similar kind of situation and have the similar kind of questions.

Please share ur details and experience on the questions. 

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On 11/25/2017 at 8:53 PM, kiran436 said:

Hi,

Initially my employer B filed a H1B transfer from employer A in regular processing in April 2017 and had a RFE in MAY 2017 on speciality occupation. Employer B responded to RFE in AUG 2017 but USCIS denied it on OCT 25, 2017. By that time my I-94 had expired (Aug 13, 2017 is expiry date).

After couple of days, employer B refiled a new H1B petition in Premium processing through consular process on NOV 16 and got approved on NOV 24 with validity from NOV 27, 2017 to NOV, 2020.

My question is...

1) How many days I was in Out Of Status? 

2) Will I be in status from NOV 27 ?

3) Since I don't have I-94 and need to leave USA to get Visa stamped, May I know how long it takes to receive hardcopy of I-797 after approval?

4) Will there be any much scrutinization at Visa stamping or Port of entry due to having Out of Status? Are they any recommended answers to handle questions on Out Of Status?

Hi Kiran,

I have same case like you.

May i know what was the reason of transfer denial.

If it is possible can we have chat on email. 

Thanks,

Sandip

 

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Hi Kiran,

I have same case like you.

May i know what was the reason of transfer denial.

If it is possible can we have chat on email. 

Thanks,

Sandip

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