H1b transfer+extension denied, I 94 expired, Amendment pending

[ramprasad443]

Here's history of my case in sequential order. 

Master's student from 2003-2005 (Electrical and Computer Engineering). 
Been on H1 since then. Worked full time for Company A(Cambridge) from 2009-2018. Laid off from the company on Feb'27 2018. H1 visa on this company is valid till Mar 31 2018. I94 valid till Apr 10.

New employer(IT Consulting firm in Houston) filed my LCA on Mar 27  with in-house project(houston) and sent H1 petition on Mar 29. USCIS receipt date Apr 05, Notice date Apr 09 (premium processing). Received RFE on Apr 18. 
I started on a new project in California. LCA and amendment was filed with CA location. H1 amendment date Jun 29. 
Responded to main H1 petition on Jul 03 with all the documents. 
Received RFE on amendment Jul 06. RFE requested several documents (Speciality Occupation, minimum degree requirement, employee-employer relationship) in which it also stated that "Beneficiary's status expired prior to this I 129 form filing". Was asked to prove my valid non immigrant status as my I94 expired and decision was not made on the main H1 pending petition filed in April.

Main H1 petition got denied on Jul 12. Denial reason is Specialty occupation. Enough evidence is not presented to prove the specialty occupation. extension of stay is also denied since the main petition is denied. it is mentioned that this denial decision leaves me without lawful immigration status. But my attorney says that I am in lawful status as Amendment is still pending.

Am I out of status at this point? what are my chances of getting a H1 approval with the amendment?  Am I in a valid non immigrant status as my H1 Amendment is still pending. 
Do I have 60 days from the denial date of last petition which was denied on Jul 12 ? Can I change employer now and apply for transfer of H1? I still work for the same client in CA.

Please let me know how to proceed on this.

Thanks,

Ram

[LeaveMessageH1B]

** not an attorney-this is just my opinion**

I feel bad that you are in such a mess. 

1. 60 days start from the day your first company let you go(60 days from last approved petition)- probably this does not apply to you since new employer filed your transfer petition and you started working on receipt notice so, 240 days applies to you from the i-94 expiration date. 

2. USCIS is smart enough to know what "in-house" projects are (your denial is based on this not CA projecct)

3. Since there is no approved H-1 petition, there's nothing to amend to. Also denial notice states clearly that you are without lawful status form July-12.

4. See if your employer and attorney are ready to file MTR and can provide docs to prove your "specialty occupation"- get client letter mentioning that your position is specialty occupation, dig a little in OOH.

5. check the options if they can file new petition for you. 

[Veerucs]

On 7/20/2018 at 9:42 AM, ramprasad443 said:

Here's history of my case in sequential order. 

Master's student from 2003-2005 (Electrical and Computer Engineering). 
Been on H1 since then. Worked full time for Company A(Cambridge) from 2009-2018. Laid off from the company on Feb'27 2018. H1 visa on this company is valid till Mar 31 2018. I94 valid till Apr 10.

New employer(IT Consulting firm in Houston) filed my LCA on Mar 27  with in-house project(houston) and sent H1 petition on Mar 29. USCIS receipt date Apr 05, Notice date Apr 09 (premium processing). Received RFE on Apr 18. 
I started on a new project in California. LCA and amendment was filed with CA location. H1 amendment date Jun 29. 
Responded to main H1 petition on Jul 03 with all the documents. 
Received RFE on amendment Jul 06. RFE requested several documents (Speciality Occupation, minimum degree requirement, employee-employer relationship) in which it also stated that "Beneficiary's status expired prior to this I 129 form filing". Was asked to prove my valid non immigrant status as my I94 expired and decision was not made on the main H1 pending petition filed in April.

Main H1 petition got denied on Jul 12. Denial reason is Specialty occupation. Enough evidence is not presented to prove the specialty occupation. extension of stay is also denied since the main petition is denied. it is mentioned that this denial decision leaves me without lawful immigration status. But my attorney says that I am in lawful status as Amendment is still pending.

Am I out of status at this point? what are my chances of getting a H1 approval with the amendment?  Am I in a valid non immigrant status as my H1 Amendment is still pending. 
Do I have 60 days from the denial date of last petition which was denied on Jul 12 ? Can I change employer now and apply for transfer of H1? I still work for the same client in CA.

Please let me know how to proceed on this.

Thanks,

Ram

Hi Ram

How did you get out of your situation ?

Did you got the approval on your case ?

Please share your experience...