I129 denied but valid I797A

[tallury]

Hi,

I am working in company A and they filed my H1b. I got approval (June 2017 )and I797A  has date till Nov,2019.Meanwhile my company shifted to a new location and had to file amendment.(Mine is a product based company and NOT consulting).My amendment went into RFE on June 2018 and was responded.But today i got a mail the My I129 petition is denied.My I-94 admin records show validity till Aug 2018(expired) and visa stamp is also till Aug 2018(expired).I have not yet received Denial reason.

 

Questions:

1. Can i still work in company A as amendment for change of address has been denied and company has moved to this new location?
2. Does I797A takes precedence over denied I129?
3. What are my options? Can i apply for H1 transfer?
4. Do i need to go back to India?

Regards,

tallury

[kard]

What’s your job title and soc code?

[xTDx]

17 hours ago, tallury said:

Hi,

I am working in company A and they filed my H1b. I got approval (June 2017 )and I797A  has date till Nov,2019.Meanwhile my company shifted to a new location and had to file amendment.(Mine is a product based company and NOT consulting).My amendment went into RFE on June 2018 and was responded.But today i got a mail the My I129 petition is denied.My I-94 admin records show validity till Aug 2018(expired) and visa stamp is also till Aug 2018(expired).I have not yet received Denial reason.

 

Questions:

1. Can i still work in company A as amendment for change of address has been denied and company has moved to this new location?
2. Does I797A takes precedence over denied I129?
3. What are my options? Can i apply for H1 transfer?
4. Do i need to go back to India?

Regards,

tallury

1. Only if you and your employer can meet the conditions for your old employment/LCA. So it looks like a no. As the company has moved to a new location and an amendment had to be filed, it looks like your old LCA terms are not met and you dont have the old job.

2. See 1. If you have old job meeting all the old LCA terms, you can keep working on the old job until its validity.

3. Depends on 1.

4. Depends on 1.

Now as you can see that the responses are not answering your questions. There is a reason for that. No one here knows your case in detail. Best suggestion here would be to make use or your employers resources and/or consult their attorneys. They are paid to exactly do this.