Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
morphtk

H1-B Extension Denied - I-140 approved.... Urgent help needed

Recommended Posts

My case:

1. H1-B completed 6 yrs. I-140 approved with PD Oct 2010.

2. H1-B status (I-94) expired on 03/31/2012

3. H1-B 7th yr extension applied on Nov 2, 2011.

4. Received RFE on June 20, 2012 related to pay mismatch in LCA

5. Responded to RFE on July 8, 2012 with new LCA

6. Received Denial of H1-ext on Sep 10. (Reason not known yet - will post it when avail)

Please answer the following questions.. asap

1. What options do I have at this point?

2. How long can I stay in the US?

3. Can I continue working with my current employer?

4. Reading through many forums and discussions I learnt that I can apply for new H1 or new H1 extension. Could someone please explain this further and how to go about this?

5. Also, I can try for motion-to-reopen but that would be based on reason-of-denial and also its pretty delaying with less success. Does going through this path give me option to stay in US and/or work.

6. Can I apply for new H1 or new H1 extension through another employer (given quota is over)?

7. Can I change my lawyer at this point of time and consult better attorney to represent my case.

I am trying to discuss this with my employer & lawyer and try to see all (if any) the possible alternatives.

This is taking a big toll on me and would appreciate any expert advice.

Thank you in advance.

Share this post


Link to post

1. What options do I have at this point?

You are out of status. 1) You may change status to H4 if your wife is working on H1. 2) You may need to change status to B1/B2(visitor) and get a new employer who can file an H1 petition for you and change status back to H1. 3) Exit country and let your current/some other employer file a new cap-exempt petition for you. If it is approved, get H1B stamped and come back.

2. How long can I stay in the US?

You should exit immediately if you don't change to another status ASAP.

3. Can I continue working with my current employer?

No, since your H1B is denied. But request them not to revoke approved I-140.

4. Reading through many forums and discussions I learnt that I can apply for new H1 or new H1 extension. Could someone please explain this further and how to go about this?

You should get a new job as simple as that. And the new employer needs to file an H1 for you in Premium Processing.

5. Also, I can try for motion-to-reopen but that would be based on reason-of-denial and also its pretty delaying with less success. Does going through this path give me option to stay in US and/or work.

I have no idea

6. Can I apply for new H1 or new H1 extension through another employer (given quota is over)?

You have to. Since your I-140 is approved you are cap-exempt. If your I-140 is revoked you need to go out of the country and wait for an year and some employer need to apply for fresh H1 counted against cap with which you are entitled to get fresh 6 years.

7. Can I change my lawyer at this point of time and consult better attorney to represent my case.

You are out of status and your H1b is denied. I guess another attorney can do nothing now except helping you guide through in changing to another status.

The above are just my answers with the limited knowledge I acquired in the last couple of months in this forum.

Seeing the complexity of your case I suggest you to get an attorney's guidance ASAP, it's worth an investment and with that you certainly avoid potential bottlenecks for your future in US.

Share this post


Link to post

@DontWorryBeHappy

thanks for the detailed response and clear answers.

Few things I learnt from my HR dept & lawyer and I am continuing with the discussion with them:

1. I can continue to work and stay for another 30 days within which I should appeal for the denial (motion-to-reopen). I don't completely agree with this either but would like to learn more on this.

2. The lawyer hasn't got the reason for denial yet so that he can put forth a plan of action.

Also we are in the discussion of trying to find means to acquire another valid visa status but its good that you mentioned I should ensure employer does not revoke I-140. Added, that I can apply for new H1 from another employer and cap-exempt based on I-140 approval. Will need to cross check with my lawyer or another expert lawyer.

I will try to consult with another attorney for a better insight once I hear from my existing lawyer.

Share this post


Link to post

It is very unfortunate. I would say, wait for you denial notice. Pay mismatch over sight (must be lower in your pay stub than in LCA) should never happen. These are basic information attorneys must check before filing. You must have renewed you H1B atleast once before. So, this should never ever happpen.

Assuming that no audit related issues with your employer (It is very unusual RFE took long time after filing). If you can get a copy of denial notice, consult a better attorney (never go back to your old attorney). Good luck....

Share this post


Link to post

<p>@morphtk:</p>

<p> </p>

<div>Though you got H1 denial on Sep 10, you will be counted as out of status since 03/31/2012 as you have valid H1B till then. It's again too risky to try for change of status at this point upto my knowledge.</div>

<div> </div>

<div>To be in safer place atleast now, I suggest you to schedule an appointment with Murthy Law Firm's attorney ASAP and proceed accordingly as the time passes you will be pushed into more out of status period.</div>

<div> </div>

<div>Good Luck!!</div>

Share this post


Link to post

<p>@morphtk:</p>

<p> </p>

<div>Though you got H1 denial on Sep 10, you will be counted as out of status since 03/31/2012 as you have valid H1B till then. It's again too risky to try for change of status at this point upto my knowledge.</div>

<div> </div>

<div>To be in safer place atleast now, I suggest you to schedule an appointment with Murthy Law Firm's attorney ASAP and proceed accordingly as the time passes you will be pushed into more out of status period.</div>

<div> </div>

<div>Good Luck!!</div>

Share this post


Link to post

@morphtk

 

Any updates to your case? What were you able to do? Can you please share your experience. I am in a similar situation and do not know what needs to be done.

 

Thanks

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×