Urgent: H1B Transfer denied (I129 rejected) - My options

[oibmuser]

Hello Experts,

Need your advise. Appreciate quick response!

I came to USA in 2007 on H1B visa sponsored by my employer "A", a giant Indian Software Services company. At the end of 5th year, in January 2012 I changed my employer & joined another reputed Indian Software Services company "B" operating in the US. New employer started Visa transfer in Nov'11 in Premium processing & we received RFE at the end of Nov'11. The requested documents included Offer letter, Project SOW, Org hierarchy & other details which an employer only can provide. New employer did not have any project SOW for me, we waited till Feb and finally responded around 22nd Feb with the client invitation letter, project SOW etc.

Today I saw the status updated on the USCIS site as 'Denied'. My I94 is valid till Dec'12. My employer is yet to receive the denial notice and the options open to us.

In the meantime, could you please advise what are my options in this scenario? I am not sure if my previous employer has terminated my H1B and I have not intention to go back to them. Can we apply for Motion to reconsider? Do I have to leave USA in another 15-20 days (or whatever the detailed denial notice mentions)? I believe my current employer will transfer me to India as their India employee.

This new employer is a decent and has a good reputation in the US market. I too have never faced any issues in previous visa extensions, have all my payslips, W-2s etc. It's just that we couldn't get the necessary SOW, client invitation letter on time.

Regards,

OIBM user

[oibmuser]

Hello team,

Please help...I am tense :(

Not sure if I should start packing my bags or should I wait if my employer decides to apply for MTR (Motion to reconsider)

Thanks,

OIBM User

[sunkari00]

You should definitely approach the experienced Immigration Attorney. I believe you should be able to stay here by applying MOR until you here the decision. My best bet is to reach out to experienced attorney to seek your options.

Good Luck!!

[chandramohan19]

Hi oibmuser,

I am in the exact same situation as you. What did you do? What was the reason for your denial that USCIS sent?

[Anyyma]

Hey,

 

I m having the same problem!! Can anybody guide me through or explain me what you guys did?