H1B motion to reopen

[venkatasreekanth]

Hi,

I was originally on F1 with opt and I applied for H1 this year. Initially I a got an RFE which we answered and then the H1 petition was denied. Based on the reasons mentioned in the denial notice, a motion to reopen with additional evidence has been filed. The documents have reached USCIS but I have not received a receipt number from them. Has any one here had similar experience or has any idea on when I will receive my receipt number ?

[tina.4u.2k5]

When did your docs reach USCIS? Give a week time to get a receipt? Is it Vermont or CA?

[venkatasreekanth]

The documents reached on Aug 23, 2012. it was sent to field office in arizona. I asked the lawyer why he sent it to arizona when the notice says send to office in washington D.C. The lawyer answered that for appeals it had to be sent there but since it is not an appeal he sent to arizona and told me that he knew what he was doing. I can do nothing but trust him at this stage.

[cooldude76]

Venkat,

I believe in your case there was no I290B appeal form filled or sent.

Your lawyer wrote a correspondence letter to the Arizona USCIS office and sent the new evidences and the reasons why he wanted your case to be approved ?

Am I correct in this understanding, please let me know ?

Let us know as you have any further update, All the very best.

[kumargb9]

<p> </p>

<div>hi </div>

<div> </div>

<div>Mine is also the same case, I am on OPT Extension and applied for my H1b in May and got query as requesting for employee- employer relation in June, </div>

<div>and USCIS is not satisfied with our submitted documents for the raised query and denied my H1b in June 30th, and My employer applied for motion to reopen</div>

<div>on 28 July 2012 and still now i didn't receive any notice or receipt number from them.</div>

<div> </div>

<div>could someone can help here </div>

<div> </div>

[cooldude76]

<p> </p>

<div>hi </div>

<div> </div>

<div>Mine is also the same case, I am on OPT Extension and applied for my H1b in May and got query as requesting for employee- employer relation in June, </div>

<div>and USCIS is not satisfied with our submitted documents for the raised query and denied my H1b in June 30th, and My employer applied for motion to reopen</div>

<div>on 28 July 2012 and still now i didn't receive any notice or receipt number from them.</div>

<div> </div>

<div>could someone can help here </div>

<div> </div>

Kumar,

Did your employer filled up I290B form ? Are you going for a motion to reopen/appeal ?

[kumargb9]

yes i have applied Motion to reopen on July 27th

but never get any reply from USCIS

so just wondering Do we receive a new receipt number when we filed MTR or the same Receipt number(when the original h1b receipt number) will continue ?

[cooldude76]

yes i have applied Motion to reopen on July 27th

but never get any reply from USCIS

so just wondering Do we receive a new receipt number when we filed MTR or the same Receipt number(when the original h1b receipt number) will continue ?

I believe if you file an MTR with an I290B form, fees of $630 then you will get a new receipt number

[kite1212]

I'm in the similar situation. Filed for H1 in May 2012. Got RFE in June 2012. Replied for RFE in Sep 2012. Got H1B Denial in Sep 2012. Employer filed for MTR in OCT 2012 and i290 B with $630 was added. Check for $630 withdrawn from the bank but no receipt so far and no update on USCIS website.

Paralllely, I took admission in a university I was planning from a while. H1B denial closed my SEVIS in my previous university and now I have been given only two choices from the university get out of country and come back OR file for Reinstatement.

I'm very confused right now. Not sure whats the best way to proceed. Should I go out of the country and come on new i120 while my MTR is filed or stay in the country and wait for MTR approval.

[Swa123]

Unfortunately MY H1b got denied today as per the USCIS website. Need to wait for alteast one week to get to know the reasons for denial.

California center

Reg processing

H4 to H1

Application recieved by USCIS on june11th

RFE on sept15th

Responded back to RFE on 25th sept

NOv 14th- Denial.

Planning to go with MTR after we get to know the reasons for denial

[Swa123]

Does any one has any updates on MTR. Please share here guys!!

Thankyou

[lucky_lady]

Hi all,

My H1B petition was denied today !! Need to determine further course of action. Please help.

Here are the details:

F1 to H1B , H1B was filed for the first time.

Have a Master's Degree in Engg

Currently on OPT extension.

OPT extension expiring in mid Dec 2012

After that I have 60 days to leave the US.

H1B petition filed by an Indian consulting company.

Date of filing: June 9th 2012

RFE by USCIS on Aug 20th 2012

RFE was addressed on Oct 2nd 2012

DENIED Decision Nov 20th 2012

The only choices I have now are to request my employer to file for MTR

or

leave for home within 60 days after my end of OPT

or

transfer to another school on F1 for another Master's or higher degree.

I am awaiting admission decision from a school I have applied for. I should know in a couple of weeks.

Question:

If my employer is willing to and would file an MTR , is my stay legal( I mean application pending with USCIS status , there may be no real visa status ) if it takes beyond Feb 2013 to hear a decision from USCIS? or Will it be considered over stay ?

If MTR is filed and is denied, how many days do I have to leave the US ?

Please keep this tread active with your responses, suggestions , dates and other details !!

Thanks,

[Chandu05]

Hi All,

Unfortunately my H1B got denied, I applied under masters quota. My employer is ready to file MTR. My concern is will USCIS consider my petition under regular quota or masters quota once I file MTR.

Reason for denial is my masters from non-accredited school.

Please share your experiences, please help.

[t75]

Was it a non-accredited school? If so, you should have filed in regular quota. You were properly denied.

Generally the regular quota is filled before the masters; Improper fling in masters just to get a chance at a closed regular in MTR is not reasonable.

[rahul412]

Hi All,

Unfortunately my H1B got denied, I applied under masters quota. My employer is ready to file MTR. My concern is will USCIS consider my petition under regular quota or masters quota once I file MTR.

Reason for denial is my masters from non-accredited school.

Please share your experiences, please help.

Your employer is simply buying time with MTR.

Reason for your H1 denial is clearly mentioned.

[JoeF]

Hi All,

Unfortunately my H1B got denied, I applied under masters quota. My employer is ready to file MTR. My concern is will USCIS consider my petition under regular quota or masters quota once I file MTR.

Reason for denial is my masters from non-accredited school.

An MTR is a waste of time and money.

The regular quota is long full, so the application can not be approved at all.

Why in the world did you get some worthless piece of paper from a non-accredited institution???

You will have to leave the country immediately.

[kumargb9]

what could be this... any idea ?

"We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 10, 2013, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process."

[varunthe8055]

H1b denied due to lack of client letter, Employer applied for MTR with client letter . I know it will take very long for MTR so can I apply for H1b next year with the same employer even if the MTR is still progess?

[rahul412]

H1b denied due to lack of client letter, Employer applied for MTR with client letter . I know it will take very long for MTR so can I apply for H1b next year with the same employer even if the MTR is still progess?

when he got the letter then why didn't he submitted that letter??

what is your current status??

[kumarnov16th]

Hi Mr Rahul/Joe F,

 

                           I am having a question regarding my RFE NOID when I applied for my H1B Extension.

 

 I have done my masters in *************** University passed out in 08 and applied for my H1 B in Student Quota in 2010, I did not get any RFE from USCIS but my H1b was approved and later I got a extension without RFE.

 

When I had applied for my extension in 2013 after my first 3 years of my H1 B usage I got a RFE ffrom USCIS asking me a question.

 

I am not fit for applying in Masters quota in 2010-11 period as my college does not come under Masters quota.

 

Our Attorney is trying to answer the case.

 

I was having a question If i open for motion to reopen can i fight for my status?

 

As H1 B Quota is finished can I refile a new H1 B in regular quota now, or need to wait until next year?

 

Please let me know

[rahul412]

Hi Mr Rahul/Joe F,

 

                           I am having a question regarding my RFE NOID when I applied for my H1B Extension.

 

 I have done my masters in *************** University passed out in 08 and applied for my H1 B in Student Quota in 2010, I did not get any RFE from USCIS but my H1b was approved and later I got a extension without RFE.

 

When I had applied for my extension in 2013 after my first 3 years of my H1 B usage I got a RFE ffrom USCIS asking me a question.

 

I am not fit for applying in Masters quota in 2010-11 period as my college does not come under Masters quota.

 

Our Attorney is trying to answer the case.

 

I was having a question If i open for motion to reopen can i fight for my status?

 

As H1 B Quota is finished can I refile a new H1 B in regular quota now, or need to wait until next year?

 

Please let me know

Once your initial H1 is approved, you will be cap exempt. But since your approved H1 petition is not valid under master's quota, so I am not sure whether your ext will be cap exempt or file new H1 next April.

[JoeF]

So, the university is a for-profit institution?

Then the H1 can NOT get approved, and they may actually revoke the H1 retroactively, since it was never approvable.

[rahul412]

So, the university is a for-profit institution?

Then the H1 can NOT get approved, and they may actually revoke the H1 retroactively, since it was never approvable.

But OP said that his initial H1 is approved. How come??

[sandr01]

Hi all,

 

My h1b is denied after submitting doc for an RFE request, based on E-E relationship. I did not have a client letter that mentions the E-E status, and my employer says that is the reason. They want to open an MTR with a new client letter (which i pray my client gives). I have been working for the client for 2 yrs under an C-V model as a contractor, but the Vendor was not willing to sponsor my h1b so it became a EVC model this year as the vendor did a C2C.

 

Can someone let me know what is the chance of an MTR being approved? Processing times etc..

[rahul412]

Hi all,

 

My h1b is denied after submitting doc for an RFE request, based on E-E relationship. I did not have a client letter that mentions the E-E status, and my employer says that is the reason. They want to open an MTR with a new client letter (which i pray my client gives). I have been working for the client for 2 yrs under an C-V model as a contractor, but the Vendor was not willing to sponsor my h1b so it became a EVC model this year as the vendor did a C2C.

 

Can someone let me know what is the chance of an MTR being approved? Processing times etc..

You have already submitted a client letter and now re submitting that letter with changes means you are manipulating that letter.