H1B extension denied, 8th year on H1B with I-140 approved, options?

[varshini.uppu]

Hi,

I am on H1B in 8th year with I-140 approved. My employer applied for Amendment and H1B extension together when I joined a new project. The new project is EVC model. 

 

Right now I got my current I-94 till end of August, 2016 with expired visa. 

 

My employer filed H1B extension under premium processing and there was an RFE to provide additional docs on employee- employer relationship. We provided email proofs and vendor letter to USCIS (we didn't provide client letter and the agreement between vendor and client)

The reason for denial is unknown yet and we should receive the details on denial next week. We are thinking most probably the reason could be there is no Master agreement between vendor and client been provided to USCIS.

 

Questions:

1. Whether I can legally work at current client till August 30th, 2016 as I got my current I-94 valid till that time?. Am I legally stay in US till end of August 2016?.

2. In the meantime, my employer is saying move onto a new project with new client which is also EVC model. Attended the interview and the project is ready. My employer wants to file a fresh H1B as soon as I get into this new project and withdraw the denied H1B case. Is it possible to get the H1B extension if we reapply once denied (provided we corrected the reasons for denial in previous case) with the same employer?. Once denied, how are the chances of approval with change of client etc?.

3. My middle vendor asked me if I am interested in full time with them, if yes - they would like to hire me and initiate H1B transfer ASAP. I am also interested to move onto middle vendor who is a big IT company. I want to tell them that, please start the H1B transfer under premium processing once I am onboard onto project at the client location and will move onto their payroll once H1B is approved. At the same time, my employer will also initiate H1B extension with the same client. Will it be a problem if there are 2 H1B petitions (1 for extension from my employer, one for H1B transfer onto middle vendor) but to the same client at the same time?. Does USCIS OK with this as I am still on my employer's payroll?.

(I don't want to inform my employer about my move onto middle vendor as he might withdraw my PERM. The middle vendor initiate PERM as soon as I join them and can keep the same priority date).

 

Will schedule an appointment with Murthy Law firm to discuss on the same once we have the reason for denial from USCIS next week. In the meantime, I want to prepare myself what are all the options that I have.

 

Thanks for your time and valuable info.

[varshini.uppu]

Can someone please throw some light on the above questions?. Thanks.

[AVJIT]

My XYZ employer Company applied for Labor PERM on 09-17-2015 and got i 140 approval on 05-18-2016.
My H1 B for 6 years was completed as of date 2-22-2016 so I did my COS from H1 to H4. I am presently living in USA on H4 visa.

XYZ company wants to file for my H1 and work with them. Can my same XYZ employer company apply for H1 as cap exempt considering that I am having a approved i 140 as of date even myself being on H4.

 

Please advise if I can file for H1 visa as cap exempt with approved i 140 and have a COS from H4 to H1.

[rahulchitte]

Hello Varshini,

 

I am in similar situation and got around 30 days till my i94 expires..please advise how did you addressed your case and what were the most feasible options to get on the H1b status..A prompt feedback you would be highly appreciated..you can email me at **************@gmail.com