helpmeoutplz Posted October 8, 2013 Report Share Posted October 8, 2013 Hello, - I filed H1B this year April 2013 (Master Quota) and I got query on May 2013 regarding employee employer relationship since I don't have client letter. My employer submitted supportive documents and then USCIS denied my H1B on June 2013. My employer applied for MTR (Motion to reconsider) on July 26th 2013 and I got new WAC # I found from USCIS that MTR time will be 90 days Q. When should I expect to receive a decision on a motion? A. Although some cases may take longer, USCIS tries to adjudicate motions within 90 days. If you do not receive a decision on your motion within that time, you may contact the National Customer Service Center at 1-800-375-5283 and ask for a “service request.” (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=343df95c93228210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD ) - What chances of getting VISA? can anyone help me out in this situation. My OPT Ext is expiring on Nov 15th 2013. Q1- Can I stay in US after my OPT Ext expires? Q2- If I go to INDIA after Nov 15th 2013, can I return US with H1B MTR still in processing? Q3- Can I work in US after my OPT Ext expires and H1B MTR still in processing? Q4- If I go to INDIA and return to US on H4 visa, then after some days if my H1B MTR approves can I work in US or do I need to apply any change of status again? Please help me out. Thanks Much! Link to comment
jairichi Posted October 8, 2013 Report Share Posted October 8, 2013 Hello, - I filed H1B this year April 2013 (Master Quota) and I got query on May 2013 regarding employee employer relationship since I don't have client letter. My employer submitted supportive documents and then USCIS denied my H1B on June 2013. My employer applied for MTR (Motion to reconsider) on July 26th 2013 and I got new WAC # I found from USCIS that MTR time will be 90 days Q. When should I expect to receive a decision on a motion? A. Although some cases may take longer, USCIS tries to adjudicate motions within 90 days. If you do not receive a decision on your motion within that time, you may contact the National Customer Service Center at 1-800-375-5283 and ask for a “service request.” (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=343df95c93228210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD ) - What chances of getting VISA? can anyone help me out in this situation. My OPT Ext is expiring on Nov 15th 2013. Q1- Can I stay in US after my OPT Ext expires? Q2- If I go to INDIA after Nov 15th 2013, can I return US with H1B MTR still in processing? Q3- Can I work in US after my OPT Ext expires and H1B MTR still in processing? Q4- If I go to INDIA and return to US on H4 visa, then after some days if my H1B MTR approves can I work in US or do I need to apply any change of status again? Please help me out. Thanks Much! Reason for your H1B denial? 1. No 2. On what visa? 3. No 4. I do not know the answer. Link to comment
rahul412 Posted October 9, 2013 Report Share Posted October 9, 2013 My OPT Ext is expiring on Nov 15th 2013. Q1- Can I stay in US after my OPT Ext expires? Q2- If I go to INDIA after Nov 15th 2013, can I return US with H1B MTR still in processing? Q3- Can I work in US after my OPT Ext expires and H1B MTR still in processing? Q4- If I go to INDIA and return to US on H4 visa, then after some days if my H1B MTR approves can I work in US or do I need to apply any change of status again? 1. I think you can stay in US, but cannot work 2. based on what status?? 3.No 4.You need to file COS BTW, how did your employer filed for MTR when he didn't had client letter to submit?? Link to comment
helpmeoutplz Posted October 9, 2013 Author Report Share Posted October 9, 2013 Thanks you Rahul. Q2- I mean to say, my OPT Ext expires on Nov 15th 2013, so if I go to IND on Nov 16th 2013, can I come back again to US with H1B MTR still in processing state? My Employer filed MTR with some supportive documents working with middle Vendor. Link to comment
rahul412 Posted October 9, 2013 Report Share Posted October 9, 2013 Q2- I mean to say, my OPT Ext expires on Nov 15th 2013, so if I go to IND on Nov 16th 2013, can I come back again to US with H1B MTR still in processing state? That's what I am asking you, how are planning to enter?? You don't have any visa to enter in US. My Employer filed MTR with some supportive documents working with middle Vendor. So you are not working for client?? Link to comment
helpmeoutplz Posted October 9, 2013 Author Report Share Posted October 9, 2013 That's what I am asking you, how are planning to enter?? You don't have any visa to enter in US. So you are not working for client?? I'm working for Client only, but client will not provide any letters for visas. I submitted some supportive documents by attaching my desk pics, office main entrance. Link to comment
rahul412 Posted October 9, 2013 Report Share Posted October 9, 2013 I'm working for Client only, but client will not provide any letters for visas. I submitted some supportive documents by attaching my desk pics, office main entrance. Tell me one-thing, did you paid for your H1 processing?? USCIS asked for client letter, so what supporting documents did your employer submitted?? Link to comment
jairichi Posted October 9, 2013 Report Share Posted October 9, 2013 I'm working for Client only, but client will not provide any letters for visas. I submitted some supportive documents by attaching my desk pics, office main entrance. Are you joking by saying "attaching desk pics, office main entrance"? These will not help your case. Get a mail from client stating that they would not provide a client letter as per company's policy or something to that effect. Link to comment
helpmeoutplz Posted October 9, 2013 Author Report Share Posted October 9, 2013 Tell me one-thing, did you paid for your H1 processing?? USCIS asked for client letter, so what supporting documents did your employer submitted?? My employer paid H1B fee and also MTR fee ($630) - Supporting documents such as, email conversation (Which says client will not provide client letter), New contract copy from Vendor - Employee Link to comment
helpmeoutplz Posted October 9, 2013 Author Report Share Posted October 9, 2013 Are you joking by saying "attaching desk pics, office main entrance"? These will not help your case. Get a mail from client stating that they would not provide a client letter as per company's policy or something to that effect. I provided email conversation which says client will not provide client letter when I got 1st RFE. But again they denied. No other option buddy, that's why attached dome pics. Link to comment
jairichi Posted October 9, 2013 Report Share Posted October 9, 2013 I provided email conversation which says client will not provide client letter when I got 1st RFE. But again they denied. No other option buddy, that's why attached dome pics. Very strange. I read in this forum that many have obtained visa by submitting an email from client in lieu of client letter. Good luck. Hopefully things get cleared up for you soon. Link to comment
rahul412 Posted October 9, 2013 Report Share Posted October 9, 2013 - Supporting documents such as, email conversation (Which says client will not provide client letter), New contract copy from Vendor - Employee You said, you have already submitted those docs. Anyhow let us know the outcome. If possible, why don't you change the employer? Link to comment
jairichi Posted October 9, 2013 Report Share Posted October 9, 2013 You said, you have already submitted those docs. Anyhow let us know the outcome. If possible, why don't you change the employer? OP can not change employer as this is OP's 1st H1B petition. Link to comment
rahul412 Posted October 9, 2013 Report Share Posted October 9, 2013 OP can not change employer as this is OP's 1st H1B petition. I mean new employer. Dude, let OP raise the doubts. Link to comment
jairichi Posted October 9, 2013 Report Share Posted October 9, 2013 I mean new employer. Dude, let OP raise the doubts. @rahul412: I did not get you. Link to comment
sandr01 Posted October 22, 2013 Report Share Posted October 22, 2013 Thanks you Rahul. Q2- I mean to say, my OPT Ext expires on Nov 15th 2013, so if I go to IND on Nov 16th 2013, can I come back again to US with H1B MTR still in processing state? My Employer filed MTR with some supportive documents working with middle Vendor. You don't have to immediately go otu of USA unless thats what you want, you still have a 60 day grace period after an opt expires, so you could wait until that duration if you chose to. But you cannot work. Link to comment
helpmeoutplz Posted November 1, 2013 Author Report Share Posted November 1, 2013 If MTR process still shows initial review after 60 days of OPT expire date, can I stay in US? Thanks! Link to comment
rahul412 Posted November 1, 2013 Report Share Posted November 1, 2013 If MTR process still shows initial review after 60 days of OPT expire date, can I stay in US? Thanks! Consult an attorney, MTR doesn't provide any legal status AFAIK. Link to comment
helpmeoutplz Posted November 1, 2013 Author Report Share Posted November 1, 2013 Consult an attorney, MTR doesn't provide any legal status AFAIK. OK thank you. Will check with attorney. Link to comment
rajini567 Posted January 9, 2014 Report Share Posted January 9, 2014 Hello did any of you got any update on their motion to reopen from uscis. I am also planning to file it. Please let me know your processing times that would fetch me a lot. Link to comment
H1Dreamer Posted January 10, 2014 Report Share Posted January 10, 2014 You can view a list of cases where MTR was filed on 2013 were approved in the thread ***Tracker for MTR/Appeal on H1B denied cases*** Link to comment
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