H1B extension denied


stamp228

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Hello,

 

I filed for my H1B extension PP on Jan 30, got RFE on Feb 7th, responded to RFE on Mar7th and the petition was denied on Mar17th.

 

My current H1B is valid until May17th.

I've an approved I140 and my H1B started from OCT2008. I was with the same employer all these years.

 

Can you experts please suggest possible options?

 

1. Should I open an MTR for the denied case, can i keep working with the same employer and client while MTR is pending? Is MTR pending will maintain my status.

 

2. Is it possible to file a new H1B petition with the same company?

 

3. Is it possible to transfer H1B to new company.

 

Which of the above are possible?

 

Please shed some light, appreciate your help.

 

 

 

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Hello,

 

I filed for my H1B extension PP on Jan 30, got RFE on Feb 7th, responded to RFE on Mar7th and the petition was denied on Mar17th.

 

My current H1B is valid until May17th.

I've an approved I140 and my H1B started from OCT2008. I was with the same employer all these years.

 

Can you experts please suggest possible options?

 

1. Should I open an MTR for the denied case, can i keep working with the same employer and client while MTR is pending? Is MTR pending will maintain my status.

 

2. Is it possible to file a new H1B petition with the same company?

 

3. Is it possible to transfer H1B to new company.

 

Which of the above are possible?

 

Please shed some light, appreciate your help.

RFE about? Reason for denial?

1. MTR does not give you any status.

2. What difference will it make since it was denied earlier?

3. Yes.

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thanks for th ereply.

 

regarding question 2. This time I'll apply with a client letter after getting a project that gives me a client letter. I wanted to stay with the same employer because I have approved !140 with him.

 

regarding 3. Can I apply H1B transfer to another company while my current company opens an MTR for denied case? will that affect my H1B transfer application?

 

your help is appreciated.

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thanks for th ereply.

 

regarding question 2. This time I'll apply with a client letter after getting a project that gives me a client letter. I wanted to stay with the same employer because I have approved !140 with him.

 

regarding 3. Can I apply H1B transfer to another company while my current company opens an MTR for denied case? will that affect my H1B transfer application?

 

your help is appreciated.

2. Looks like a client letter was the reason for denial. Yes, that should be fine.

3. Another company can file a cap exempt H1B petition.

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I'm still waiting for denial notice, suspecting it could be the client letter.

I've submitted letter from primary vendor. Client does not provide a letter.

 

If I transfer my H1B to a new company, is there any constraint that they should start my PERM asap to get further renewals?

 

Thanks

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I'm still waiting for denial notice, suspecting it could be the client letter.

I've submitted letter from primary vendor. Client does not provide a letter.

 

If I transfer my H1B to a new company, is there any constraint that they should start my PERM asap to get further renewals?

 

Thanks

As long as I-140 is not revoked by current employer you should be fine.

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