I129 Denied - Next Options please

[Akshit0410]

Hello Everyone,

Im working in EVC model on H1B visa and my employer filed my extension with client A in jan 2018 and have my I797 approved from Feb 2019 - Aug 2020

But in March 2019, my contract was terminated suddenly and I moved to Client B (different state) in April 2019

My employer filed my amendment for new client in April under Premium and I got denial after RFE stating missing documents

My employer is ready to refile petition now

What are my options here?

My employer says I can stay and work for same client but the attorney I approached says I need to leave country as soon as possible as I'm out of status

My question is:

1. Do I have to move out of USA ? If I have to leave, should i leave immediately or would have grace time 10-15 days?

2. My current client (Client B)  has accepted to work from home. Can I work remotely for client B till my petition/amendment is approved?

3. Reason for denial states that there are few documents missing like SOW, MSA between vendor and client and my employer says they submitted everything. Why is this confusion?

4. If i transfer my visa to another employer  for full time role (offer to be expected in a week)..can I stay in USA or do I have to go back to India and get my stamping done and then join new employer?

 

Please let me know

 

Thanks in advance

 

 

[gopalakrishnach]

I feel your attorney is correct and your employer is incompetent.  I feel may be 7 days and make sure you do not acquire any illegal stays in USA.

2) Yes.

3) May be employer and immigration alwyer incompetence. We can saw the exact reason.

4) cant say..