H1-B Denial due to 90 Days of unemployment in OPT- But I was employed

[NagaP]

Hi, My Initial OPT started on February 06 2017 and ended on Feb 05 2017

I was working with Employer A from Feb 20 2017 - July 31 2017 and Changed to Employer B in August 2017

I filed my H1-B change of status in April 2018 with Employer B

I got an RFE and we responded with the same to USCIS

Then in October 2018 I got a denial notice for my H1-B petition.

Now, after 6 months If I see the H1 Denial notice, In that, there is a statement saying since, There is no evidence that the beneficiary engaged in at least 20 hours o f employment in a position that is directly related to the beneficiary's U.S. major of study from February 6, 2017 to July 31, 2017.

The denial of the Form 1-129 and the beneficiary's failure to maintain the beneficiary's nonimmigrant status leave the beneficiary without lawful immigration status. The beneficiary is now present in the United States in violation of the law.

And, I was not told by my Employer B to submit the documents required.

But, I have all the documents to say that I was not unlawful and was working under employer A.

How to approach this situation ? How to prove it to USCIS that I was not unemployed for more than 90Days in Initial F1 ?

[adshah84]

By showing them pay stubs? 

[xTDx]

On 3/24/2019 at 2:57 PM, NagaP said:

Hi, My Initial OPT started on February 06 2017 and ended on Feb 05 2017

I was working with Employer A from Feb 20 2017 - July 31 2017 and Changed to Employer B in August 2017

I filed my H1-B change of status in April 2018 with Employer B

I got an RFE and we responded with the same to USCIS

Then in October 2018 I got a denial notice for my H1-B petition.

Now, after 6 months If I see the H1 Denial notice, In that, there is a statement saying since, There is no evidence that the beneficiary engaged in at least 20 hours o f employment in a position that is directly related to the beneficiary's U.S. major of study from February 6, 2017 to July 31, 2017.

The denial of the Form 1-129 and the beneficiary's failure to maintain the beneficiary's nonimmigrant status leave the beneficiary without lawful immigration status. The beneficiary is now present in the United States in violation of the law.

And, I was not told by my Employer B to submit the documents required.

But, I have all the documents to say that I was not unlawful and was working under employer A.

How to approach this situation ? How to prove it to USCIS that I was not unemployed for more than 90Days in Initial F1 ?

This should be very easy if you were employed during that time. Please work with your employer and their attorneys to resolve this mess. h1b is not your petition but your employers, its their job to respond with correct documentation. Work with them and file MTR or whatever is required and send paystubs/w2s , letter of verification of employment etc. The attorneys will know what to send and how to approach this.

What was the RFE on h1b about ? Same OPT unemployment issue ?  If so what was sent to USCIS in RFE response ? May be they did not receive the RFE response ?