nikhilshet Posted December 26, 2013 Report Share Posted December 26, 2013 Hi Everyone, I did my M.S in Computer Engineering at a repute State university in Illinois. I graduated in May 2011 and My first H1B was filed by my consultancy on April 1st 2013 and was picked up in lottery. I got a rfe for E-E relationship on 2nd week of May and got a denial decision on July 26. My employer filed MTR on Aug 26 and further details below H1B Details: Petition Received Date: April 18, 2013 Notice Date : April 29, 2013 RFE by USCIS : May 14, 2013 RFE Response Review : June 24, 2013 H1B denial : July 24, 2013. Appeal filed : August 26, 2013 (MTR) I applied for couple of universities after receiving my denial notice. My OPT STEM Extension Ended on November 9, 2013. On Nov 11 I transferred my SEVIS to a reputed university. It's been 4 months and my appeal application still shows Initial review. I recently called USICS support and they informed appeal doesn't have any particular time limit. They asked to submit a E-request if I feel it's taking longer processing time for my application. 1. If I submit a e-request will that be of any use? Will I get to know anything? Will that cause any damage to my appeal application? 2. If I don't get a decision by April 2014, Can I apply my H1B through another employer in 2014? Please advice. Link to comment
jairichi Posted December 26, 2013 Report Share Posted December 26, 2013 Hi Everyone, I did my M.S in Computer Engineering at a repute State university in Illinois. I graduated in May 2011 and My first H1B was filed by my consultancy on April 1st 2013 and was picked up in lottery. I got a rfe for E-E relationship on 2nd week of May and got a denial decision on July 26. My employer filed MTR on Aug 26 and further details below H1B Details: Petition Received Date: April 18, 2013 Notice Date : April 29, 2013 RFE by USCIS : May 14, 2013 RFE Response Review : June 24, 2013 H1B denial : July 24, 2013. Appeal filed : August 26, 2013 (MTR) I applied for couple of universities after receiving my denial notice. My OPT STEM Extension Ended on November 9, 2013. On Nov 11 I transferred my SEVIS to a reputed university. It's been 4 months and my appeal application still shows Initial review. I recently called USICS support and they informed appeal doesn't have any particular time limit. They asked to submit a E-request if I feel it's taking longer processing time for my application. 1. If I submit a e-request will that be of any use? Will I get to know anything? Will that cause any damage to my appeal application? 2. If I don't get a decision by April 2014, Can I apply my H1B through another employer in 2014? Please advice. 1. If there is any update you will get an email based on e-request. It will not harm your appeal. 2. Yes, your employer can file in April 2014. Link to comment
nikhilshet Posted December 26, 2013 Author Report Share Posted December 26, 2013 Thank you jairichi. Can multiple employers apply my H1B in next April? Link to comment
JoeF Posted December 26, 2013 Report Share Posted December 26, 2013 If the employer applies again, it is likely to get denied again, unless there is a lot different. I suggest finding a better employer next year. Avoid consulting companies. Link to comment
jairichi Posted December 27, 2013 Report Share Posted December 27, 2013 Thank you jairichi. Can multiple employers apply my H1B in next April? Yes, multiple employer can file. As JoeF suggested find a good employer to file next year. Link to comment
nikhilshet Posted December 27, 2013 Author Report Share Posted December 27, 2013 Thank you JoeF, I will make sure of that. Link to comment
nikhilshet Posted December 27, 2013 Author Report Share Posted December 27, 2013 1. Since I have applied for an appeal, If I don't get any decision by Jan/Feb 2014, can I change an employer in order to prepare for my next H1B for 2014? 2. If I changed the employer and my appeal is still pending what if USCIS requested any additional information? Can you please advice? Link to comment
jairichi Posted December 27, 2013 Report Share Posted December 27, 2013 1. Since I have applied for an appeal, If I don't get any decision by Jan/Feb 2014, can I change an employer in order to prepare for my next H1B for 2014? 2. If I changed the employer and my appeal is still pending what if USCIS requested any additional information? Can you please advice? 1. On what basis will you work for new employer from Jan/Feb 2014? 2. If requested then your employer has to provide them to USCIS. But, if you leave employer would you expect them to still proceed with MTR? Link to comment
nikhilshet Posted December 27, 2013 Author Report Share Posted December 27, 2013 Thanks jairichi. 1. I am planning to take CPT from the second semester as the university I applied for offers Quarterly basis. 2. Yes,only If they request any information before my new employer applies the H1. Link to comment
jairichi Posted December 27, 2013 Report Share Posted December 27, 2013 Thanks jairichi. 1. I am planning to take CPT from the second semester as the university I applied for offers Quarterly basis. 2. Yes,only If they request any information before my new employer applies the H1. 1. CPT??? Check with DSO and attorney before you take CPT. If you check this forum you will find many having troubles with immigration due to CPT. Link to comment
rahul412 Posted December 27, 2013 Report Share Posted December 27, 2013 1. I am planning to take CPT from the second semester as the university I applied for offers Quarterly basis. CPT is not for FTE its part of F1 program. If you want to work then go for H1, forget CPT. Your H1 was already denied once, so don't invite new troubles. Link to comment
JoeF Posted December 27, 2013 Report Share Posted December 27, 2013 Thanks jairichi. 1. I am planning to take CPT from the second semester as the university I applied for offers Quarterly basis. 2. Yes,only If they request any information before my new employer applies the H1. Avoid CPT. No real university would give out CPT to somebody who just signed up, anyway. CPT is only for work as an integral part of the curriculum. Any abuse of CPT will come back to bite you and will ensure that you won't get an H1. Concentrate on the studies, and do NOT try to abuse CPT. Link to comment
nikhilshet Posted December 28, 2013 Author Report Share Posted December 28, 2013 Thank you for alerting jairichi, rahul412 and JoeF. I will avoid CPT.... Link to comment
nikhilshet Posted January 17, 2014 Author Report Share Posted January 17, 2014 Hello Guys, Thanks for all your help. There is update in my case, My employer filed an appeal on Aug 26 and till date it's (I290B petition) showing Initial Review and II29 petition was showing as Decision (denial) state but on Jan 15 my I129 got updated to the Post Decision Activity saying my case is reopened. Does it mean they just started to look in to my appeal petition (I290B) or after reviewing my appeal petition they reopened the I129? 1. With your previous experiences Is there any way you can tell me if there are any chances of getting my H1 approved? 2. As my STEM OPT is expired I enrolled in a MS program with out any CPT, so I don't have the Job that I have filed for H1 now, Are there any possibilities for an RFE at this stage? 3. Can you please tell me how soon I can get an judgement? H1B Details: Petition Received Date: April 18, 2013 Notice Date : April 29, 2013 RFE by USCIS : May 14, 2013 RFE Response Review : June 24, 2013 H1B denial : July 24, 2013. Appeal filed : August 26, 2013 (MTR) Thank you in Advance! Link to comment
AjayBabu Posted January 25, 2014 Report Share Posted January 25, 2014 Hi, Could someone help me in knowing, how can i maintain status and stay in US. Below is my case - F1 Expired : Nov 30 2013 OPT Stem will Expire : June 1st 2014 H1B applying for 2015 in April 1st 2014 Quota I know, if H1B is picked in the lottery and approves, CAP GAP will be valid till Oct 1st and everything is good. In case, H1B application is not picked - within 60 days, I have to leave the country. Could some one let me know alternate ways to remain in US. If I apply to some university now for F1, will my status change to F1 now and will that be a problem in my H1b approval ? Please help Link to comment
rahul412 Posted January 26, 2014 Report Share Posted January 26, 2014 Could some one let me know alternate ways to remain in US. If I apply to some university now for F1, will my status change to F1 now and will that be a problem in my H1b approval ? Please help If you go back to F1, then it will take 2 more years to finish it. So if in case your H1 is not selected file H1 next year. Link to comment
JoeF Posted January 27, 2014 Report Share Posted January 27, 2014 Hello Guys, Thanks for all your help. There is update in my case, My employer filed an appeal on Aug 26 and till date it's (I290B petition) showing Initial Review and II29 petition was showing as Decision (denial) state but on Jan 15 my I129 got updated to the Post Decision Activity saying my case is reopened. Does it mean they just started to look in to my appeal petition (I290B) or after reviewing my appeal petition they reopened the I129? 1. With your previous experiences Is there any way you can tell me if there are any chances of getting my H1 approved? 2. As my STEM OPT is expired I enrolled in a MS program with out any CPT, so I don't have the Job that I have filed for H1 now, Are there any possibilities for an RFE at this stage? 3. Can you please tell me how soon I can get an judgement? H1B Details: Petition Received Date: April 18, 2013 Notice Date : April 29, 2013 RFE by USCIS : May 14, 2013 RFE Response Review : June 24, 2013 H1B denial : July 24, 2013. Appeal filed : August 26, 2013 (MTR) Thank you in Advance! On F1, you are supposed to return to your home country. Since you don't seem to want that anymore, i.e., since you seem to have immigration intent, an F1 would be out of the question. Link to comment
Rnats Posted November 8, 2014 Report Share Posted November 8, 2014 Hello Guys, Thanks for all your help. There is update in my case, My employer filed an appeal on Aug 26 and till date it's (I290B petition) showing Initial Review and II29 petition was showing as Decision (denial) state but on Jan 15 my I129 got updated to the Post Decision Activity saying my case is reopened. Does it mean they just started to look in to my appeal petition (I290B) or after reviewing my appeal petition they reopened the I129? 1. With your previous experiences Is there any way you can tell me if there are any chances of getting my H1 approved? 2. As my STEM OPT is expired I enrolled in a MS program with out any CPT, so I don't have the Job that I have filed for H1 now, Are there any possibilities for an RFE at this stage? 3. Can you please tell me how soon I can get an judgement? H1B Details: Petition Received Date: April 18, 2013 Notice Date : April 29, 2013 RFE by USCIS : May 14, 2013 RFE Response Review : June 24, 2013 H1B denial : July 24, 2013. Appeal filed : August 26, 2013 (MTR) Thank you in Advance! Hi..Could you please let me know what happened in your case ? I'm almost in the same position - I have OPT till Jan 26th 2015 Applied H1B - April 2014 Got picked in the lottery Got an RFE in May 2014 Reponse to RFE by my employer - August 2014 Got H1B Denied - Nov 2014 OPT expires - Jan 26 2015 What should I do now ? 1. Should I appeal ? I have no idea why the application was denied, waiting for the mailed notice from USCIS When should I file an appeal ? I have a good job and I will definitely be able to get an strong client letter if needed. 2. What happens after Jan 2015 once my OPT expires ? I'm not under STEM and cannot extend 3. I can go back to H4 based on my husband's H1B - But when should I start the COS process ? 4. If I file for new H1B next year with a new employer will I still get into the lottery / quota again ? Appreciate your answers and help ! Thanks much ! Link to comment
rahul412 Posted November 9, 2014 Report Share Posted November 9, 2014 What should I do now ? 1. Should I appeal ? I have no idea why the application was denied, waiting for the mailed notice from USCIS When should I file an appeal ? I have a good job and I will definitely be able to get an strong client letter if needed. 2. What happens after Jan 2015 once my OPT expires ? I'm not under STEM and cannot extend 3. I can go back to H4 based on my husband's H1B - But when should I start the COS process ? 4. If I file for new H1B next year with a new employer will I still get into the lottery / quota again ? Appreciate your answers and help ! Thanks much ! 1. That depends on the reason why your H1 was rejected. 2. You will be out of status after your OPT expires 3. File on the last day of your OPT 4. Yes. Link to comment
Rnats Posted November 11, 2014 Report Share Posted November 11, 2014 1. That depends on the reason why your H1 was rejected. 2. You will be out of status after your OPT expires 3. File on the last day of your OPT 4. Yes. Thank you ! I'm still waiting to get the denial notice to understand the reason behind the decision. I want to file for an appeal but I'm worried if it will take a lot of time and I would have to stop working after my OPT expires. I don't want to take the CPT route. I want to wait for the appeal but at this stage my employer is saying appeal will not be very useful. Looks like i might have to give up :( Link to comment
rahul412 Posted November 11, 2014 Report Share Posted November 11, 2014 Thank you ! I'm still waiting to get the denial notice to understand the reason behind the decision. I want to file for an appeal but I'm worried if it will take a lot of time and I would have to stop working after my OPT expires. I don't want to take the CPT route. I want to wait for the appeal but at this stage my employer is saying appeal will not be very useful. Looks like i might have to give up :( How about another employer?? Link to comment
Rnats Posted November 14, 2014 Report Share Posted November 14, 2014 Yes. But then I would be able to apply only by April 2015 right.. so might have to leave my current job after Jan once my opt expires :( Then move to h4. I'm also worried that my chances to get cos from H4 to H1 will also be very difficult. If this denial is also in my record now. Still no news about why it got denied. still waiting for the notice.. Thanks for your responses. Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.