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Priya999

H1 Amendment denied i94 expires on Dec 2018

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Hi, I’ve applied for H1 amendment to NY client location( wage level1, Analyst role, Masters degree, 4 yrs experience) on June 2017 no client letter but with SOW doc between client and my employer ( employed with implementing partner like TCS, wipro ). Received an RFE for expired SOW and employee-employer relationship. Later corrected the SOw doc and sent all other docs. On Dec 27th my amendment was denied stating lack of specialized skill set. My i94 expires this dec 2018. The client has office location in another state B .so my employer filed for amendment + extension  this time to state B with small changes in role but still wage level 1, and the case is still processing.

1. In this case do I have additional 240 days time until I receive decision? 

2.Please advise should I transfer my H1 to other company before i94 expires or wait?

3.And if I transfer to new company and they do extension at the same time can I use 240 days ? Please advise Which is the correct thing to do to avoid this critical situation. 🙏🏻

Edited by Priya999
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You have ongoing H1 with current employer until Dec, so you need to get paid irrespective of your project or end client or whatever the **** goes on those EVVVVC models in software industry. If you don’t get paid now, you would be out of status immediately. 

Forget the 240 allowance moving forward. Use premium processing for immediate decisions. There was a new memo this weekend which would put you in deportation proceedings after I94 expiry and if your amendments got no merit.

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