H1B Rejected


rrava

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Posted

Hi,

I have applied for H1B premium processing in masters quota with all the required documents, my application got picked in lottery. I got an RFE stating that the USCIS needs the contract agreement between my Prime vendor and client. My employer responded indirectly that it is not possible to get the contract agreement. After 2 weeks USCIS rejected my H1B stating that the contract agreement between the prime vendor and client is missing. Right now, my employer is filing MTR which includes letter from prime vendor stating that contract agreement is confidential and it cannot be given. Right now, i am in OPT and my OPT expires on July. I did some research on google and i found that the MTR will be regular processing and it may take more than 2 months to get an update is there any possibility to get H1 if i file MTR now. Can any one suggest me any better way to respond on this MTR?

Thanks,

Rav

Posted

I have applied for H1B premium processing in masters quota with all the required documents, my application got picked in lottery. I got an RFE stating that the USCIS needs the contract agreement between my Prime vendor and client. My employer responded indirectly that it is not possible to get the contract agreement. After 2 weeks USCIS rejected my H1B stating that the contract agreement between the prime vendor and client is missing. Right now, my employer is filing MTR which includes letter from prime vendor stating that contract agreement is confidential and it cannot be given. Right now, i am in OPT and my OPT expires on July. I did some research on google and i found that the MTR will be regular processing and it may take more than 2 months to get an update is there any possibility to get H1 if i file MTR now. Can any one suggest me any better way to respond on this MTR?

It's clear that your employer filed your H1 without proper documentation. And now you have to pay price for his mistake.

Why didn't your employer submitted the prime vendor letter initially??

Posted

It was the mistake, but is there a way that i would get my H1 if i apply for MTR with the letter from prime vendor stating that its confidential and cannot be given to other vendors.

Thanks,

Rohit

Posted

It was the mistake, but is there a way that i would get my H1 if i apply for MTR with the letter from prime vendor stating that its confidential and cannot be given to other vendors.

Thanks,

Rohit

But its not the Other Vendors...USCIS needs it.

Posted

But its not the Other Vendors...USCIS needs it.

Well, USCIS would get it through the OP's employer...

This is one of the reasons why anything with middle vendors is over.

The client only knows about the company the client has a contract with. The client doesn't know about all the other sub-contractors.

If the contract is confidential, the employer also is rather unlikely to show that he controls the employee working for the client. Hence, an MTR is unlikely to help anything.

Direct work for the employer or EC would have been much better. It's too late now for that.

Posted

It was the mistake, but is there a way that i would get my H1 if i apply for MTR with the letter from prime vendor stating that its confidential and cannot be given to other vendors.

Thanks,

Rohit

USCIS is not a vendor and the letter is requested by immigration dept.

If you need H1 you have to get that letter.

  • 5 months later...
Posted

Hi,

I have applied for H1B premium processing in masters quota with all the required documents, my application got picked in lottery. I got an RFE stating that the USCIS needs the contract agreement between my Prime vendor and client. My employer responded indirectly that it is not possible to get the contract agreement. After 2 weeks USCIS rejected my H1B stating that the contract agreement between the prime vendor and client is missing. Right now, my employer is filing MTR which includes letter from prime vendor stating that contract agreement is confidential and it cannot be given. Right now, i am in OPT and my OPT expires on July. I did some research on google and i found that the MTR will be regular processing and it may take more than 2 months to get an update is there any possibility to get H1 if i file MTR now. Can any one suggest me any better way to respond on this MTR?

Thanks,

Rav

Did you file MTR? Is there any update on your case? Mine is a similar case so want to know your case update, please post here.

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