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sreshty

H1B Denial - Corporate Recklessness

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Hi All!

I was issued with an RFE for my H1B Extension that was upgraded to Premium Processing. Due to recklessness and laziness of my Project Account team, they didn’t submit the Project SOW and Client Letter out of 3  documents requested by our corporate Immigration Team to address the RFE.

My supervisor just submitted the Manager Letter and ignored the other 2 docs. And based on which my immigration team sent the RFE response to USCIS. For me I sense a definite denial.

Now that I came to know about their mistake and confronted my manager & immigration case manager, they now state that the issued RFE was not related to Contractual requirements. For which I asked them what is the exact reason for RFE but they are saying that it is a compliance issue in our organization to share the reason for issued RFE.

But now they are working to get a Client Letter post submitting my RFE case with USCIS to make me calm and not escalate.

I am not sure what to do at this juncture! Especially I have been in USA for more than 7 years now; it wasn’t an easy ticket for me to come to USA and make my career and future- I came in 2006 to pursue masters and established my future. It hurts inside when my future is cryshed by some ignorant and lazy person’s mistake overnight.

Please let me know your thoughts where and how to go about it.

1) My I94 validity expired 17th September.

2) I work for a giant Consulting company, who has more than 40000 H1B workforce in USA.

3) My HR already mentioned that in case I loose my status, they won’t even retain my employment in India as I wil be laid off being an American recruitee.

4) Is there a way to fight/ challenge these giant organizations? 

5) With my expired I94, how many days I can stay in USA post my H1B denial? I need time to sell some stuff of mine and say goodbye to few if American friends and Professors even before I leave for good!

6) Will there be any possibility in the future to come this country again having denied/ rejected for a H1B Extension?

7) What happens to my approved I140 Green Card status in EB2 category?

Any suggestions/ recommendations are highly appreciated.

Thank you for your patience for reading my grief!

 

 

 

 

 

 

Edited by sreshty
Grammatical error

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I'm not sure if you can fight these organizations, you can report any fraudulent issues to USCIS (your identity will be confidential ). 

Talk to your attorney regarding your stay in case the RFE is denied (which I hope shouldnt happen), most likely you will get a weeks time.

You can certainly come back on cap exempt H1B with your approved I-140,  You need to find a sponsor who can file your H1B (good companies have stopped hiring people on H1 due to high rate of denials and increasing cost of visa sponsorship)

your green card will still stay in the queue and you will get an RFE once your priority date is current to prove you are still in the US working for the same company who filed your GC in the stated role.

Btwn, are you with Cognizant? there are rumors about them being on the hit list for rejections.

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The H1 is the employer's petition. You have no say in it, and you can't fight anything the company did or didn't do. The big Indian consulting companies are actually known to be pretty bad. Find a better employer, not a consulting company.

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On 9/20/2018 at 2:33 PM, sreshty said:

Hi All!

I was issued with an RFE for my H1B Extension that was upgraded to Premium Processing. Due to recklessness and laziness of my Project Account team, they didn’t submit the Project SOW and Client Letter out of 3  documents requested by our corporate Immigration Team to address the RFE.

My supervisor just submitted the Manager Letter and ignored the other 2 docs. And based on which my immigration team sent the RFE response to USCIS. For me I sense a definite denial.

Now that I came to know about their mistake and confronted my manager & immigration case manager, they now state that the issued RFE was not related to Contractual requirements. For which I asked them what is the exact reason for RFE but they are saying that it is a compliance issue in our organization to share the reason for issued RFE.

But now they are working to get a Client Letter post submitting my RFE case with USCIS to make me calm and not escalate.

I am not sure what to do at this juncture! Especially I have been in USA for more than 7 years now; it wasn’t an easy ticket for me to come to USA and make my career and future- I came in 2006 to pursue masters and established my future. It hurts inside when my future is cryshed by some ignorant and lazy person’s mistake overnight.

Please let me know your thoughts where and how to go about it.

1) My I94 validity expired 17th September.

2) I work for a giant Consulting company, who has more than 40000 H1B workforce in USA.

3) My HR already mentioned that in case I loose my status, they won’t even retain my employment in India as I wil be laid off being an American recruitee.

4) Is there a way to fight/ challenge these giant organizations? 

5) With my expired I94, how many days I can stay in USA post my H1B denial? I need time to sell some stuff of mine and say goodbye to few if American friends and Professors even before I leave for good!

6) Will there be any possibility in the future to come this country again having denied/ rejected for a H1B Extension?

7) What happens to my approved I140 Green Card status in EB2 category?

Any suggestions/ recommendations are highly appreciated.

Thank you for your patience for reading my grief!

 

 

 

 

 

 

I am sincerely sad to read this through.

I can understand the emotions behind it. The sense of being crushed overnight is real. I am sorry for you.

 

3) Since you have I140 approved you have 60 days grace period to find a new employer.

4) No. You have no say in this process.

5) I94 expiration is going to conflict with your 60 days grace period. I94 date holds precedence over Grace period.

6) Yes, having an I40 approved is your leverage and employers who are willing to invest in you will see that as a +ve giving you an upperhand.

7) I140 once approved and priority date is issues, consider that as your personal property. Until you lapse that period after it becomes current you own it. Make sure you find an employer before it becomes current and the one willing to take it over.

 

Once again, m sorry and if you are around Boston area and need help with anything PM me to contact me.

 

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