How long to wait? Motion to reopen/I-290B-I-129 denial

[malli279]

Hi,

My H1B transfer to a new company got approved but I-129 (legal status) got denied saying there is a gap between old and new H1B (read below for more details).

We filed motion to reopen (I290B NOTICE OF APPEAL TO THE COMMISSIONER) on Oct 7th 2011 and till now the case is pending.

Could you please let me know how long I have to wait? Would be great if you can suggest me with any other otions that I have?

Details:

As my Previous H1B with Company A was about to expire on May 14, 2011, Company A filed for my extension in April 2011. I received the receipt # by first week of May which allowed me to continue to work for Company A even after May 14, 2011.

On Jun 27th 2011, I moved to Company B (Jun 24th, 2011 was last day with Company A). At that time my extension with Company A was still pending. Company B filed for my H1B transfer on Jun 18th and after receiving the receipt #, I moved to Company B.

In July, I was informed by Company A, that my H1B extension has been approved and I received H1B document.

But on Sep 7th 2011, USCIS approved my H1B transfer to Company B but denied I-129, saying I don't have a legal status from May 14th 2011 (Previous H1B with Company A expire date) to Jun 18th 2011(Company B transfer file date).

Not sure why this has happened as Company A filed for my extension before May 14, 2011 and got approved.

On Oct 7 2011, I submitted Motion to reopen explaining there is no gap and the case is still pending.

Thanks

[zohreh]

Hi,

may I know how long it took you to get the response fro MTR?

there was a gap between my two h1b jobs. got i-797b as transfer got denied. Attorny filed for MTR to ask overlook the gap due to hardship of going to the notified consulate. I was told by uscis that they will make decision in 30 days.

Thanks.