H1b premium porcessing application returned twice

[lakshmi uma]

HI

 

I have recently got a full time job. the company applied for my h1b transfer through premium processing. first time the application returned due to incorrect fee. now the application is coming back again for reasons to be known. My doubts are

1. does a rejection of h1b transfer occur without getting a receipt. This has happened twice.

 

2. my visa is valid till november 4th 2013, given my h1b from previous employee is revoked this week. what would be my status and risk?

 

3. My last pay check was on 15th of Aug 2013. So, how much more time can I afford to stay without a pay.

 

4. Can i still apply with the same company after the application has been sent back twice.?

 

5. The company has never previously applied for H1b before. could this be a reason for this situation.

 

6. Are there any chances that the mistake would be due to my credentials. Note that all the documents are genuine and my new job perfectly matches with the previous  work profile.

 

Please respond at the earliest. Thank you.

Uma

 

 

[omshiv]

why arent you getting paid now? if you arent then your employer is fraud...complain with the DOL right away.

[permaudit]

You said that your last paycheck was Aug 15th. Does that mean that you quit the job on that day? Are you working for the current company now?

 

You are not supposed to work for the new company until you get your H1B approved. If you have stopped working the old company then you are accruing illegal stay.

 

 

[rahul412]

1. does a rejection of h1b transfer occur without getting a receipt. This has happened twice.

 

2. my visa is valid till november 4th 2013, given my h1b from previous employee is revoked this week. what would be my status and risk?

 

3. My last pay check was on 15th of Aug 2013. So, how much more time can I afford to stay without a pay.

 

4. Can i still apply with the same company after the application has been sent back twice.?

 

5. The company has never previously applied for H1b before. could this be a reason for this situation.

 

6. Are there any chances that the mistake would be due to my credentials. Note that all the documents are genuine and my new job perfectly matches with the previous  work profile.

1. If it was in PP, then yes. It might happen

2.If your H1 is rejected then you are currently out of status

3. on H1, zero days

4.Yes, you can. But till you hear why the packet has been returned back

5. Wait for the response from your employer

6. Wait for the response from your employer why that packet has been returned.

[pontevecchio]

PP implies a direct line for the Lawyer to talk to the Officer. Just be patient. Hopefully not a DCC.?

[lakshmi uma]

Thanks for all the responses.

 

My project ended with previous employer on Aug 15th. My visa with them is valid till Nov 4th. They will revoke it on 7th of October. 

 

My new employer told me that they haven't mentioned the H1B category correctly because of which the application returned. I am still awaiting the receipt. I am out of pay for 45 days now. (15th august till date).

 

my h1 b has been filed twice starting from sep 9th, but since the application was returned would it still be considered as processing time? 

 

What should be my immediate move??

 

 

 

 

[jairichi]

Thanks for all the responses.

 

My project ended with previous employer on Aug 15th. My visa with them is valid till Nov 4th. They will revoke it on 7th of October. 

 

My new employer told me that they haven't mentioned the H1B category correctly because of which the application returned. I am still awaiting the receipt. I am out of pay for 45 days now. (15th august till date).

 

my h1 b has been filed twice starting from sep 9th, but since the application was returned would it still be considered as processing time? 

 

What should be my immediate move??

The next day after your last day with previous employer i.e 16th Aug 2013 you are out of status. Since your petition was returned it does not count as under process and that means you were out of status for 45 days now. If your I94 has expired you are accumulating illegal presence in US.

[rahul412]

 

 

My project ended with previous employer on Aug 15th. My visa with them is valid till Nov 4th. They will revoke it on 7th of October. 

 

my h1 b has been filed twice starting from sep 9th, but since the application was returned would it still be considered as processing time? 

 

 

That means you are currently out of status. You need an attorney.