H1B Denial and I94 Expired

[lakshmi uma]

Hi,

I got a new fulltime job on Aug 27th and applied for my H1B transfer on september 9th.since our company was filing H1 first time application came back with missing documentation And finally on september 27th it got accepted and missed LCA application and finally after all the hassle with h1b application i got my RFE. I was working from october 10th here. My previous project ended on Aug 15th but they revoked my h1 on September 9th since i asked them to wait for this new h1b receipt.I was not paid during this time obviously since my prject ended.

Reason for RFE was :

• Missing LCA approval.(they applied for my rfe later in november and got the approval which they sent in rfe response to uscis).
• Asking relevance to my field Masters in Mechanical engg to my manufacturing job though it was of the same profile as my previous job where i got my first H1b approval.
• Question about my legal stay after aug 15th project end date to october 10th(my start date here).Since my old H1b was valid till November 4th 2013. So I was legally here though I was not paid during that time.

 

Our company finally responded to RFE on 20th Dec with all the required documentation and now I got denial notice on 31st dec online.

My company just received the written confirmation as below and thinking to appeal again.

Section 101@ (15) (H)  ofthe ACI miams to an alien:

...who is coming temporarily to the United States to perform service5...1'n a specialty occupation
described in section 2 14(1) (l) who meets the requirements for the occupation specified in
.section Z l 4  {2} and with respect to whom the Secretary of Labor determines and certifies to
the Attorney General that the intending employer has tiled with the Secretaryr an application under
Z 12(11) (l).

On October  2013` you were requested to submit e. certitiration from the Department of Labor that a
Labor Condition Application (Form ETA 9035) llas been properly tiled. On December 20, 2013. you
submitted an LCA that was Certified on November 26, 2013; after your petition was filet?. It also appears
that the beneficiary is out ofstatus. You were asked to submit evidenre of maintaining status. A letter was
submitted from the prior employer stating that their employment was terminated on August 15, ZU i3.

Therefore, your peliîion is hereby denied.

 

Iam trying to get copy of revokation letter from my previous company(dated sept 9th) and a letter stating I was on bench from Aug 15th till september 9th.Will this help me here?Can someone suggest if anything else will be helpful??

 

1.Now I want to know what options I might have to work again.

2.Will I be able to work till we get the response for our Motion to appeal on this denial??From 1st  jan till 33days time elapses.

3.My company wanted me to continue my work so Iam working again, but will this cause any issue to me later? Since my I94 already expired on November 4th??

4.Would there be any issues if I get paid this time??If not any other options about my payrole?

5.Also if my appeal gets rejected too then how long will I be able to work?

6.And how long will I be able to stay in this country?

7.Will converting to F1 now and take CPT and work in this same company help me anyway??

8.Would applying a new H1B application with same company help me here?

9.Or if I apply H1b with some consultancy help me in this case to stay legally? 

10.My company is not fully aware of immigration issues but are assuring me that they will resolve with the help of their lawyers.Since they are new to this issue, iam skeptical about their approach. Will it be ok to consult different lawyer on this?

 

 

PLEASE HELP ME IN THIS REGARD.Also please attach any links by government/ USCIS describing relavant situation.

   http://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf   this is the only info I found.But it was talking more about extension of H1b, whereas my case is transfer with extention.

 

Any suggestions will be of great help for me.Please respond asap as I need to appeal asap.

 

Thanks,

Uma

[t75]

Your former employer should have filed to revoke their sponsorship of you on your last day with them. Your request for them not to do so was inappropriate. If they say you were unpaid on the bench, they are in trouble and committing fraud. Helping you is not worth being on the USCIS fraud company listing.

 

YOU do not respond to this matter; only your employer's attorney will do so. Many attorneys will not enter an ongoing case although you are free to look for one who will give you a second opinion

 

Your H1B had been denied. You are working illegally.  Stop!!!

CPT in order to work an arbitrary job is not legal either.

 

You seem to have a real problem following the rules for guest workers in the US. You have rights and responsibilities. You MUST follow the rules; they are rules not suggestions. Your entire post is why American workers dislike H1B workers - there are multiple attempts at fraud mentioned.

 

My suggestion, start packing. Return only when you have an employer qualified to file your petition for a job meeting the H1B requirements.

[jairichi]

Hi,

I got a new fulltime job on Aug 27th and applied for my H1B transfer on september 9th.since our company was filing H1 first time application came back with missing documentation And finally on september 27th it got accepted and missed LCA application and finally after all the hassle with h1b application i got my RFE. I was working from october 10th here. My previous project ended on Aug 15th but they revoked my h1 on September 9th since i asked them to wait for this new h1b receipt.I was not paid during this time obviously since my prject ended.

Reason for RFE was :

• Missing LCA approval.(they applied for my rfe later in november and got the approval which they sent in rfe response to uscis).
• Asking relevance to my field Masters in Mechanical engg to my manufacturing job though it was of the same profile as my previous job where i got my first H1b approval.
• Question about my legal stay after aug 15th project end date to october 10th(my start date here).Since my old H1b was valid till November 4th 2013. So I was legally here though I was not paid during that time.

 

Our company finally responded to RFE on 20th Dec with all the required documentation and now I got denial notice on 31st dec online.

My company just received the written confirmation as below and thinking to appeal again.

Section 101@ (15) (H)  ofthe ACI miams to an alien:

...who is coming temporarily to the United States to perform service5...1'n a specialty occupation

described in section 2 14(1) (l) who meets the requirements for the occupation specified in

.section Z l 4  {2} and with respect to whom the Secretary of Labor determines and certifies to

the Attorney General that the intending employer has tiled with the Secretaryr an application under

Z 12(11) (l).

On October  2013` you were requested to submit e. certitiration from the Department of Labor that a

Labor Condition Application (Form ETA 9035) llas been properly tiled. On December 20, 2013. you

submitted an LCA that was Certified on November 26, 2013; after your petition was filet?. It also appears

that the beneficiary is out ofstatus. You were asked to submit evidenre of maintaining status. A letter was

submitted from the prior employer stating that their employment was terminated on August 15, ZU i3.

Therefore, your peliîion is hereby denied.

 

Iam trying to get copy of revokation letter from my previous company(dated sept 9th) and a letter stating I was on bench from Aug 15th till september 9th.Will this help me here?Can someone suggest if anything else will be helpful??

 

1.Now I want to know what options I might have to work again.

2.Will I be able to work till we get the response for our Motion to appeal on this denial??From 1st  jan till 33days time elapses.

3.My company wanted me to continue my work so Iam working again, but will this cause any issue to me later? Since my I94 already expired on November 4th??

4.Would there be any issues if I get paid this time??If not any other options about my payrole?

5.Also if my appeal gets rejected too then how long will I be able to work?

6.And how long will I be able to stay in this country?

7.Will converting to F1 now and take CPT and work in this same company help me anyway??

8.Would applying a new H1B application with same company help me here?

9.Or if I apply H1b with some consultancy help me in this case to stay legally? 

10.My company is not fully aware of immigration issues but are assuring me that they will resolve with the help of their lawyers.Since they are new to this issue, iam skeptical about their approach. Will it be ok to consult different lawyer on this?

 

 

PLEASE HELP ME IN THIS REGARD.Also please attach any links by government/ USCIS describing relavant situation.

   http://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf   this is the only info I found.But it was talking more about extension of H1b, whereas my case is transfer with extention.

 

Any suggestions will be of great help for me.Please respond asap as I need to appeal asap.

 

Thanks,

Uma

Filing an motion to appeal will not give you any status in US either to stay or work. Converting to F1 to get CPT to work is illegal and will result in deportation and life long ban to enter US. Best option would be to leave US and ask employer to take the help of a good attorney and file a cap exempt H1B petition with premium processing. Once approved you can go for H1B visa stamping and enter US.

[catx]

WOW!!!  Both you and your employer are guilty of multiple violations of immigration laws, regulations, and rules, and contemplating even more immigration fraud.  It is hard to know where to begin ...  Both you and your employer are responsible for knowing your respective responsibilities under immigration laws, regulations, and rules.  Ignorance of the law, whether first time filing or otherwise, is not an excuse.  Did your employer not use a competent, qualified, experienced immigration attorney?

 

First, since you are out of status, you need to immediately stop working illegally, and depart the U.S. so you do not accumulate more out of status days.  Second, there is no entitlement or otherwise right to work (again) in the U.S.  After departing the U.S. maybe in the future you can find a proper, reputable employer to sponsor you.  However, keep in mind that your immigration violations are part of your permanent record in the U.S.

[lakshmi uma]

All thank you so much for your suggestions. Yes, My employer has not hired any attorney for this purpose and hence this confusion.

 

This is from USCIS website: page 3

http://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

 

You may be required to stop working, immediately, when the first of the following events occurs:

• 240 days elapses from the date your I-94 expires; or

• USCIS has made a final decision denying your extension application.

 

In either case, looks like iam still valid to work since I have this 33days to appeal for my decision. Please advise me in this regard.

Iam trying to seek my employer help to hire attorney for this issue but in vain.

 

Also since everyone suggested on this,

"Best option would be to leave US and ask employer to take the help of a good attorney and file a cap exempt H1B petition with premium processing. Once approved you can go for H1B visa stamping and enter US."
I want to know the risk factors in this process.Since my whole future and career are dependant on this.

Also any idea, how long would all this process would take?

Also is there any possibility if a new employer can file me H1b Instead of this same company who are not well aware of immigrant situation/ H1b Application ??

 

Thanks in advance!!!

[JoeF]

What everybody else said.

You need to leave the country, and the employer or a new employer would have to file a new H1.

And make sure they have a lawyer to handle that.

And NEVER try something stupid like CPT abuse, or asking an employer to delay informing USCIS that you no longer work there.

This stuff is in your file now, and every future application will get scrutinized. So, anything fishy will get you in trouble. This also means that you need to avoid all consultants.

[lakshmi uma]

HI all,

I just received the H1b Revoke letter from my previous company.They filed for my revoke on Sept 9th but it got accepted on October 11th, 2013, though my project ended on Aug 15th. So kindly advise accordingly on how exactly I can defend my case.

Also, since govt approved on Oct11th, does this mean, Iam out of status only from Oct11th? or is it Sept 9th??

Also since I was suppose to start to Sept 9th and because of this company's lack of experience in H1B applications, this happened, and my application delayed till sept 26th will it be of any defense for me?

 

Please advise accordingly.Appreciate all your help in this concern.

 

Thanks!!

[t75]

You can hire an attorney and pay their fees; that is one fee that the employee may legally pay.

[jairichi]

HI all,

I just received the H1b Revoke letter from my previous company.They filed for my revoke on Sept 9th but it got accepted on October 11th, 2013, though my project ended on Aug 15th. So kindly advise accordingly on how exactly I can defend my case.

Also, since govt approved on Oct11th, does this mean, Iam out of status only from Oct11th? or is it Sept 9th??

Also since I was suppose to start to Sept 9th and because of this company's lack of experience in H1B applications, this happened, and my application delayed till sept 26th will it be of any defense for me?

 

Please advise accordingly.Appreciate all your help in this concern.

 

Thanks!!

Irrespective of whichever day employer applied for H1B to be revoked or decision taken by USCIS you are out of status from the day you stopped working for your employer or your pay roll stopped. Company's or attorney's or your lack of experience is never considered as an excuse by USCIS. Talk to an independent attorney about your situation and do the needful asap.

[catx]

Since your stated your project ended on "Aug 15th" and "I was not paid ... since my project ended", as jairichi posted, you were out of status as soon as you stopped getting paid (Aug 15th) by your employer.  If your employer stopped paying you and laid you off when your project ended (Aug 15th), then that is the important date.  All the other subsequent filing, receipt, and decision dates do not change the situation.