H1 Extension Denied after 6 years and I-140 Approved!

[Visathinker]

Hi All,

This is sad day of my life. My H1 extension has been denied today, 11/23/2011 while I have I-140 approved on 4/23/2011. I work for big Indian consulting company for a client which is one of the biggest Bank in World. After filing Visa, I got RFE asking updated Manager's letter. I provided this and then after a month I got Notice of Intent to Deny (NOID) asking for more description of Project and Role. I gave very detailed role and Project description along with updated Manager's letter within a week but no luck. My project's end date on Manager's letter is mentioned as 12/31/2011 which after a month.

It finally ended into denial. As of now, I am not sure what can be the reason of denial as denial petition will come a week or two.

I am very frustrated and confused what to do! Please provide me some guidance on my following question.

1) Can I appeal against this decision of USCIS and stay in US? If yes, then how can I do?

2) If I can't appeal then do I need to leave US asap? How long I can stay more?My I-94 has already expired on 09/30/2011.

3) If I have to leave US, can I come back again on H1? If yes, do I need to wait for next year October-2012 to get H1 or I can get H1 asap?

4) If I go back to India and work from offshore with same employer, would my GC process be affected?

5) If my company processes L1 instead of H1 would my GC process be affected?

Regards

Visathinker

[JoeF]

Your project ends, so no surprise that the extension got denied. They nowadays don't extend H1s for consultants past the project end date.

For an L1, you would have to work for the company abroad for at least one year in the last 3 years. So, that would only be possible once you have been out of the US for a year (after all, you worked for 6 years on H1 in the US...)

[Visathinker]

Hi Gurus,

My employer has received Denial Reason and the reason is mentioned as "USCIS Rejected the Visa in absence of Client Letter". My client doesn't have any such Policy to provide authorization letter to contractors like me. I am leaving US next Wednesday.

Since I-140 approved, do you know 1) whether I can file new H1 through same employer or I need to change the job? 2) Can I file H1 anytime based on I-140 approval or I need to wait for 1 year for H1 quota to open in October-2012?

Kindly advise

Warm Regards

Visathinker