H1B RFE response denied


Mohamed Khadar Mohideen

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Hi,

I have worked in MNC company. On April 11, 2016 I have been terminated due to management change and my H1B petition was revoked on June 16, 2016. 

In between I tried to find job and applied almost 100 jobs every jobs coming to me required US Citizens/Green Card/EAD, but i do not have those.

On June 6, 2016 I found one employer, they have internal project to implement SAP S/4 HANA software as there uniform business process across their global locations.

We filed the H1B transfer petition before June 16, 2016 in premium. We got receipt no. after one week we got an RFE stating that "Notice for Intent to Deny" and 

asked some evidence about the project work and employer financial and legal documents, photos.

As part of RFE response, we have given and try to make clear that my petition is not consulting it is for permanent in-house role. 

But USCIS denied, that project was initiated on September 2016 and asking for project update. Since the project is not yet

initiated. We need to implement proper infrastructure across all the global locations and then will kick off the SAP application 

implementation. 

My attorney told that there is no hope for MTR. Since USCIS is looking your petition in different way. So you can file new

H1B petition for counslor (cap exempt). Also he told that i can stay unlawfully till 180days. 

But my employer does not have proper docuemntation since it is installed as demo system to get appreciation from SAP.

Now my question?

What are the posibilities to convinence USCIS to get approve my H1B?

How long can i stay in US in this situation?

I am have invested here like (house, car etc..) i need to settle all this. due to market crises it is delaying...

Whether new employer can file H1B petition or same employer can file H1B?

Please suggest me as soon as possible.

Appreciated your reponse.

Thanks,

Khadar

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Hi,
I have worked in MNC company. On April 11, 2016 I have been terminated due to management change and my H1B petition was revoked on June 16, 2016. 
In between I tried to find job and applied almost 100 jobs every jobs coming to me required US Citizens/Green Card/EAD, but i do not have those.
On June 6, 2016 I found one employer, they have internal project to implement SAP S/4 HANA software as there uniform business process across their global locations.
We filed the H1B transfer petition before June 16, 2016 in premium. We got receipt no. after one week we got an RFE stating that "Notice for Intent to Deny" and 
asked some evidence about the project work and employer financial and legal documents, photos.
As part of RFE response, we have given and try to make clear that my petition is not consulting it is for permanent in-house role. 
But USCIS denied, that project was initiated on September 2015 and asking for project update. Since the project is not yet
initiated. We need to implement proper infrastructure across all the global locations and then will kick off the SAP application 
implementation. 
My attorney told that there is no hope for MTR. Since USCIS is looking your petition in different way. So you can file new
H1B petition for counslor (cap exempt). Also he told that i can stay unlawfully till 180days. 
But my employer does not have proper docuemntation since it is installed as demo system to get appreciation from SAP.
Now my question:
What are the posibilities to convinence USCIS to get approve my H1B?
How long can i stay in US in this situation?
I am have invested here like (house, car etc..) i need to settle all this. due to market crises it is delaying...
Whether new employer can file H1B petition or same employer can file H1B?
Please suggest me as soon as possible.
Appreciated your reponse.
Thanks,
Khadar

 

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