H1B Transfer Denied

[ssrivastava]

Hello MLF,

Here is my case summary --

1. H1b received from ABC Company located in NJ which is valid till 25th Oct 2012.

2. Worked for ABC till Feb 2012 and applied for first H1b transfer through company XYZ located in Florida in March 2012 under premium processing and started working for XYZ on receipt notice.

3. H1b transfer denied on 28th April 2012 for XYZ and XYZ filed for my motion to reopen in first week of May 2012. I dont have the motion to reopen receipt number and neither XYZ is providing it to me but they did told me numerous time. Reason for denial I believe was employer credentials and improper documentation, as i never received the denial copy of the petition.

4. Spoke to different lawyers and they suggested me to either join (which i cannot as he did not want me to take back and he has neither revoked my h1b) my previous emloyer ABC or ask XYZ to file for motion and in the meantime look for another emloyer (which in my case is UVW) to file for another h1b transfer.

5. 2nd h1b transfer filed on 8th May 2012 through company UVW, texas based and started working for UVW on the receipt number.

6. Received rfe on 17th May 2012 which should be responded by 13th Aug 2012. rfe is about employer - employee relationship and how i am maintaining my status.

7. On 20th July 2012, attorney of uvw tells me that I am out of status and I should stop working and UVW is taking me off their payroll from Monday (23rd July, 2012) onwards.

My questions to you are:

1. Am i really out of status?

2. If yes, then what options do I have?

3. Will joining a University as a fulltime student might help in my case?

4. If no, then what I should say to defend my case?

Please respond as I am in desperate need of some expert advice and I would be highly obliged if you will do so.

Regards,

S Srivastava

[JoeF]

You are out of status.

Universities have application deadlines. You can't just walk in there.

And it won't help you anyway, since you are out of status.

You will have to return to your home country and get things going from there.

[ssrivastava]

Hello JoeF,

I did find a university (accreditted with all the good stuff) whose fall session will start in august and I have not missed their application deadline. If I join that university, then will that help in my case? Also, please consider that I have valid I94 from company abc till oct 2012.

Regards,

ssrivastava

[catx]

Attending a university on an F-1 visa is for full-time on campus studies -- period -- not a back door for employment. If your honest intent is to go to school full time to earn a degree, then you can go that route. It has nothing to do with "helping in [your] case". Also, a valid I-94 does not matter with respect to being out of status. If you are out of status -- you are out of status.

[rahul412]

Attending a university on an F-1 visa is for full-time on campus studies -- period -- not a back door for employment. If your honest intent is to go to school full time to earn a degree, then you can go that route. It has nothing to do with "helping in [your] case". Also, a valid I-94 does not matter with respect to being out of status. If you are out of status -- you are out of status.

You are out of status.

Universities have application deadlines. You can't just walk in there.

And it won't help you anyway, since you are out of status.

You will have to return to your home country and get things going from there.

Now that he is out of status. Is he safe, even though he gets an valid I20?

[catx]

Now that he is out of status. Is he safe, even though he gets an valid I-20?

No. An I-20 is a U.S. government immigration document issued by a school that provides supporting information for the issuance of a student visa such as an F-1. It is not a visa, nor equivalent to one. It is part of the documentation needed for a student visa. Again, if you are out of status (without a valid visa) -- you are out of status.

[ssrivastava]

Dear CatX/JoeF, thanks for your suggestions..

I completely get your pont and in fact have decided not to take admission in any university. Since, i am out of staus, I am just waiting for the USCIS decision after my employer (UVW) responds to the RFE. In the meantime, I am planning to take the Cxanadian multiple entry visa so that if the visa gets approved without i-94 then i can goto Canada for the stamping.

But, should I go to Ottawa or Montreal? I want to know that where I can have a smoother proceedings.

Also, what docs i must possess if I go there for the stamping?

Once again, thank you very much for your responses!

regards,

ssrivastava

[JoeF]

Stamping in a third country is always risky. And with you being out of status, they would look very closely at everything, making it even more risky.

You will likely have to go to your home country and get a new visa from there.

[mailfrd]

Dear CatX/JoeF, thanks for your suggestions..

I completely get your pont and in fact have decided not to take admission in any university. Since, i am out of staus, I am just waiting for the USCIS decision after my employer (UVW) responds to the RFE. In the meantime, I am planning to take the Cxanadian multiple entry visa so that if the visa gets approved without i-94 then i can goto Canada for the stamping.

But, should I go to Ottawa or Montreal? I want to know that where I can have a smoother proceedings.

Also, what docs i must possess if I go there for the stamping?

Once again, thank you very much for your responses!

regards,

ssrivastava

hi ssrivastava, did u get visa to canada without having recent paystubs or how old was your recent paystub?..i m in the similar situation..h1 transfer was denied and have applied for h4..waiting for the h4 application result..at the mean time i am also thinking of going to canada and reenter but on their document checklike they have asked for recent paystubs..i only have paystub from 3 months back..do u think they will give canadian visa??

your quick response is much appreciated...