Urgent 7th year H1B Extension on approved I-140 denied and I-94 expired.

[srinathchowdary]

Hi all,

            My H1B extension applied on Oct 29th after expiration of I-94 and H1B visa stating the reason for late submission is due to govt shutdown. Got RFE on Nov 6th  and gave response time untill Jan 29th. Filed response to RFE on Jan 28th and the status changed to initial review on Jan 30th saying they received the file on Jan 29th. Feb 6th i received automated email of H1B denial notice and then followed by another email after 30 minutes saying case status moved to initial review. I have RFE based on employee/employer relationship even though submitted client letter. Later again Client gave another letter specifying the right to hire/fire decisions, instrumentality, work assignments taken by employer etc based on what the RFE requested. Also between my company and Client there is only one vendor(primary vendor). So I am in Panic situation not sure what to do as my wife is on h4 situation and so chance of changing to dependent. Can any one give me better suggestions what are possible at this time.

 

Also attorney is saying after expiration of I-94 there will be 6 months time period and if you cross that mark you will get bar and results in 3 year ban. 

 

Is there any grace period after H1B denial ? I heard 30 days time period. Also what are the choices left? can i apply for student visa, visitor visa or can i be able to apply for new H1B with same company or re open the denied case or should i need to transfer to another company based on I-140 copy.

 

 

Regards,

Srinathchowdary

 

 

[srinathchowdary]

RFE Response sent and below are the stages it happened

 

Initial Review--> Decision--> Initial Review

 

Not sure what is this means

 

Below are automated emails i received 

 

Jan 30th

 

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

Your Case Status: Initial Review


Your Request for Premium Processing Service for your I129 PETITION FOR A NONIMMIGRANT WORKER was received on January 29, 2014. We mailed you a receipt with information about processing. We will mail you a decision as soon as processing is complete.


During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

 

Feb 6th

 

i received two emails one after the other with in half an hour duration

 

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

Your Case Status: Decision


On February 6, 2014, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER.   The notice explains why the denial decision was made and the options that may be available to you.  If you have not received this notice within 15 days of February 6, 2014, please call customer service at 1-800-375-5283 for further assistance.


During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

 

2nd email within 30 minutes on feb 6th

 

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

 

Your Case Status: Initial Review


On February 6, 2014, your Alien Registration Number was changed relating to your I129, PETITION FOR A NONIMMIGRANT WORKER.  Please check our website at www.uscis.gov for further updates on your case.  Please wait until the end of normal processing time before calling customer service at 1-800-375-5283 for live assistance.


During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.