H1B Extension REJECTED

[palwag]

My H1B extension application got rejected today. My current H1 expires september 30 (1 month). My employer is going to file for motion against the rejection before my current visa expires-

1) Can i keep working after september 30, if a motion is filed against rejection, until decision is received?

2) or should i transfer to F1 immediately and try to get CPT in order to keep working after September 30

3) If i transfer to H4, then do i have to wait until next year April to file for H1 and do i have to apply through the h1 quota

4) Could an employer file for COS for me from H4 to H1 prior to April.

 

Please help. Am really tensed as i did not expect to get rejection for extension for the same employer. Thank you for your response.

[JoeF]

Forget CPT. That is NOT going to work.

Universities have deadlines. The deadlines for Spring quarter are coming up. What would you do until then?

Also, NO real university would give out CPT to somebody who just signed up. Only frauds, fake shady institutions do that.

If you sign up with one such shady institution, your career in the US would be over.

Have you not heard of TVU, ************, ****???

FOrget CPT. Cut that acronym out of your vocabulary. CPT is dead.

[jairichi]

My H1B extension application got rejected today. My current H1 expires september 30 (1 month). My employer is going to file for motion against the rejection before my current visa expires-

1) Can i keep working after september 30, if a motion is filed against rejection, until decision is received?

2) or should i transfer to F1 immediately and try to get CPT in order to keep working after September 30

3) If i transfer to H4, then do i have to wait until next year April to file for H1 and do i have to apply through the h1 quota

4) Could an employer file for COS for me from H4 to H1 prior to April.

 

Please help. Am really tensed as i did not expect to get rejection for extension for the same employer. Thank you for your response.

(1) I believe yes. But wait for other members to give you their opinion.

(2) That is illegal and you can not do that as admission for fall 2013 is over and some schools have started classes. Forget CPT as what you are suggesting is CPT abuse.

(3) If you apply for a COS to H4, a potential employer can file for a COS from H4 to H1B and upon approval you can start working immediately.

(4) Yes

[jairichi]

My H1B extension application got rejected today. My current H1 expires september 30 (1 month). My employer is going to file for motion against the rejection before my current visa expires-

1) Can i keep working after september 30, if a motion is filed against rejection, until decision is received?

2) or should i transfer to F1 immediately and try to get CPT in order to keep working after September 30

3) If i transfer to H4, then do i have to wait until next year April to file for H1 and do i have to apply through the h1 quota

4) Could an employer file for COS for me from H4 to H1 prior to April.

 

Please help. Am really tensed as i did not expect to get rejection for extension for the same employer. Thank you for your response.

Out of curiosity, what is the reason for rejection?

[rahul412]

My H1B extension application got rejected today. My current H1 expires september 30 (1 month). My employer is going to file for motion against the rejection before my current visa expires-

1) Can i keep working after september 30, if a motion is filed against rejection, until decision is received?

2) or should i transfer to F1 immediately and try to get CPT in order to keep working after September 30

3) If i transfer to H4, then do i have to wait until next year April to file for H1 and do i have to apply through the h1 quota

4) Could an employer file for COS for me from H4 to H1 prior to April.

 

Please help. Am really tensed as i did not expect to get rejection for extension for the same employer. Thank you for your response.

You are already in trouble, so don't invite new troubles by thinking of working in CPT.

 

If you have option of H4 then go for it, next time your H1 will be cap exempt. Or if you find new employer then go for it, again your H1 will be cap exempt.

[rahul412]

Out of curiosity, what is the reason for rejection?

Yupe, I have the same question for OP

[palwag]

Thank you so much for your responses guys. The reason for rejection is that employee-employer relationship is not established. I had gotten my first H1 through this same employer, and had no issues in getting my first H1. Now all of a sudden for extension i got denied for E-E relationship. i mean i am still working for the same employer. Second thing is that my coworker who works with me for the same employer at same client got her H1 instantly. i do not know why my case was singled out.

 

I just wanted to know one more thing about my question item 1) Can i keep working after september 30, if a motion is filed against rejection, until decision is received?-  Could someone please guide me on that. I see that jairichi has replied to it but is not certain about the answer. Please help.

 

And as you all have suggested, i guess F1 is out of question atleast for now. It is good to know that i will be cap exempt for future H1. my best choice for now is to go on H4.

[jairichi]

Thank you so much for your responses guys. The reason for rejection is that employee-employer relationship is not established. I had gotten my first H1 through this same employer, and had no issues in getting my first H1. Now all of a sudden for extension i got denied for E-E relationship. i mean i am still working for the same employer. Second thing is that my coworker who works with me for the same employer at same client got her H1 instantly. i do not know why my case was singled out.

 

I just wanted to know one more thing about my question item 1) Can i keep working after september 30, if a motion is filed against rejection, until decision is received?-  Could someone please guide me on that. I see that jairichi has replied to it but is not certain about the answer. Please help.

 

And as you all have suggested, i guess F1 is out of question atleast for now. It is good to know that i will be cap exempt for future H1. my best choice for now is to go on H4.

Palwag, I might be wrong with respect to your first question. Ask your employer's attorney and do it accordingly. A good solution is to move to H4 as it is the safest option.

[JoeF]

Thank you so much for your responses guys. The reason for rejection is that employee-employer relationship is not established. I had gotten my first H1 through this same employer, and had no issues in getting my first H1. Now all of a sudden for extension i got denied for E-E relationship. i mean i am still working for the same employer. Second thing is that my coworker who works with me for the same employer at same client got her H1 instantly. i do not know why my case was singled out.

 

I just wanted to know one more thing about my question item 1) Can i keep working after september 30, if a motion is filed against rejection, until decision is received?-  Could someone please guide me on that. I see that jairichi has replied to it but is not certain about the answer. Please help.

 

And as you all have suggested, i guess F1 is out of question atleast for now. It is good to know that i will be cap exempt for future H1. my best choice for now is to go on H4.

As far as I know, a motion to reopen does NOT allow you to work after the expiration of the current H1.

An appeal would allow to continue working.

Motion or appeal are for different situations. You need to discuss with your lawyer which action is possible.

And what others have gotten is irrelevant. The USCIS officers have some discretionary powers. What may be acceptable to one may be a clear denial to another one.

[jairichi]

As far as I know, a motion to reopen does NOT allow you to work after the expiration of the current H1.

An appeal would allow to continue working.

Motion or appeal are for different situations. You need to discuss with your lawyer which action is possible.

And what others have gotten is irrelevant. The USCIS officers have some discretionary powers. What may be acceptable to one may be a clear denial to another one.

Thanks for the info JoeF. I always get confused between motion & appeal. Now it is clear.