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Sumanth13

I129 Denied on H1 transfer(refile with same employer worth?)

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Hi,

I had a valid H1 (first one)with a direct hire in NY and got my visa stamped which is valid till Sep 2016. I the mean time I switched my job to different location due to personal reason and the new employer filled for a H1 transfer premium processing.

USCIS raised an RFE (I129) for further information about the client , workorder etc. Employer responded to it , soon in about 10 days they denied I129. We havenot recieved the reason for denial.

Right now i just see two option apeal or refile.

 

Refile H1 with the same employer be worth , or should i be looking for a new company and add a layer to the existing .

 

I have my husband in US on opt , i am assuming worst case i can go dependent. But i donot want to lose my current work.

 

Please advise me, I m in a pretty bad situation.

 

Thanks

 

 

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Adding layer will make things more worst. You shouldn't have left the FT job, H1 with consulting firms is always risky. Find another full time employer, not a consulting firm.

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Looks like it is denied due to your employer's credentials. No point in filing again with same employer if you cannot provide additional documents to convince USCIS. You are out of status now and you would have stopped working by now. New employer's H1B petition may be approved without I94. Even a COS to dependent status might be denied as you are out of status at the time of petition filing.

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I have received a copy I-129 H1 transfer denial letter. The USCIS has mentioned that the end client letter (or contracts) didn’t specify the job duties and job requirements. Thus, they felt they couldn’t make a determination whether it is a specialty occupation (position that requires a bachelor’s degree).

 

The next action that my attorney is planning is to refile H1 on regular processing and requesting my extension of status. So I have few questions related to this:

 

(A)What kind of processing do you recommend regular or Premium?

 

(B)What are the options left for me, if the outcome of my refile petition is again denied ?

 

©My employer is telling that I can go back to work once the petition is refiled, during this process of my In-progress application, am I accruing any illegal stay?

 

(D)With the current state of denial , and again incase the refilling gets denied second time. The period between these two denial dates, would  these days under denial be considered as illegal stay?  

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I have received a copy I-129 H1 transfer denial letter. The USCIS has mentioned that the end client letter (or contracts) didn’t specify the job duties and job requirements. Thus, they felt they couldn’t make a determination whether it is a specialty occupation (position that requires a bachelor’s degree).
 
The next action that my attorney is planning is to refile H1 on regular processing and requesting my extension of status. So I have few questions related to this:
 
(A)What kind of processing do you recommend regular or Premium?
 
(B)What are the options left for me, if the outcome of my refile petition is again denied ?
 
©My employer is telling that I can go back to work once the petition is refiled, during this process of my In-progress application, am I accruing any illegal stay?
 
(D)With the current state of denial , and again incase the refilling gets denied second time. The period between these two denial dates, would  these days under denial be considered as illegal stay?  

 

 

A. Both process are same. PP gets you a quick response.

B. Exit US.

C. No, you cannot as you are out of status.

D. Out of status. If your I94 has expired then it is illegal stay in US.

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With my current status(H1 denial and employer having refiled,yet to get receipt notice ), is it ok to go on a long drive? I wont be driving.

 

And anyother dnt's?

 

Thanks,

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With my current status(H1 denial and employer having refiled,yet to get receipt notice ), is it ok to go on a long drive? I wont be driving.

 

And anyother dnt's?

 

Thanks,

Can you please update ur case?

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