H1B Denied after RFE


cybertron

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Hi,

 

I applied for my H1 renewal in June 2013 and recieved a RFE in November. My employer sent the RFE documents in February with the necessary documents and we received a denial on 2nd April 2014. I am working with a consultancy in the EVC model and I have been on projects since Jan 2011 without any breaks in between. I have a masters from a reputable university and am working in my field of study. 

 

1) What are my options now? Should I file an appeal or Motion to Reconsider? What is the difference between both?

 

2) Should I re-apply for a new H1 towards the 2015 H1B cap? If so, is it safe to go with the same employer?

 

3) How many days do I have in order to deemed as an illegal resident in the country?

 

4)Can I go back to school as a student again?

 

 

Thank you for your responses. 

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Hi,

 

I applied for my H1 renewal in June 2013 and recieved a RFE in November. My employer sent the RFE documents in February with the necessary documents and we received a denial on 2nd April 2014. I am working with a consultancy in the EVC model and I have been on projects since Jan 2011 without any breaks in between. I have a masters from a reputable university and am working in my field of study. 

 

1) What are my options now? Should I file an appeal or Motion to Reconsider? What is the difference between both?

 

2) Should I re-apply for a new H1 towards the 2015 H1B cap? If so, is it safe to go with the same employer?

 

3) How many days do I have in order to deemed as an illegal resident in the country?

 

4)Can I go back to school as a student again?

 

 

Thank you for your responses. 

1. Talk to your employer's attorney.

2. USCIS would accept petition till 7th April 2014 if more than required H1B petitions are received. Do you think you can file one?

3. Right from the denial notice you are illegally present in this country.

4. Do not take that route.

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 I have a masters from a reputable university and am working in my field of study. 

 

1) What are my options now? Should I file an appeal or Motion to Reconsider? What is the difference between both?

 

2) Should I re-apply for a new H1 towards the 2015 H1B cap? If so, is it safe to go with the same employer?

 

3) How many days do I have in order to deemed as an illegal resident in the country?

 

4)Can I go back to school as a student again?

1. That depens on why your H1 was rejected?? MTR doesn't provide any legal status.

2. You can, but that depends on the reason why your H1 was rejected.

3. Zero days.

4. Forget F1, going back to school is NOT AN OPTION.

 

It's surprising that having a master's degree from reputable university you are still working for a consulting firm. Find FTE dude...!!!

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First off, you can't file anything. Your employer would have to file.

Second, without knowing the reason for the denial, nobody can tell you anything. You don't even told us the reason for the RFE.

Zero information, and you expect us to provide an answer?

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First off, you can't file anything. Your employer would have to file.

Second, without knowing the reason for the denial, nobody can tell you anything. You don't even told us the reason for the RFE.

Zero information, and you expect us to provide an answer?

JoeF,

I understand that I am not providing any information since I do not have it yet with me. I am still awaiting the dreaded mail from USCIS in order to get the proper information. I am just asking since I would like to understand my situtation correctly and then take the necessary steps in order to make it right. Thank you for taking the time to reply.

 

1. That depens on why your H1 was rejected?? MTR doesn't provide any legal status.

2. You can, but that depends on the reason why your H1 was rejected.

3. Zero days.

4. Forget F1, going back to school is NOT AN OPTION.

 

It's surprising that having a master's degree from reputable university you are still working for a consulting firm. Find FTE dude...!!!

Rahul,

 

Thank you for the reply. I understand that essentially there is no other options at this time for me with respect to what I asked. Thank you again.

 

1. Talk to your employer's attorney.

2. USCIS would accept petition till 7th April 2014 if more than required H1B petitions are received. Do you think you can file one?

3. Right from the denial notice you are illegally present in this country.

4. Do not take that route.

Jairichi,

 

I am waiting for the mail from USCIS to understand the reason for the RFE. Yes, I did speak to our employer's attorney and did get an understanding that the best option at this time is to wait and identify the reason for the denial. The attorney also mentioned that filing would not be an option since my I-94 has expired on Sept 30th 2013. So, I am still assessing and trying to obtain what are the other options I have in order to maintain a legal status.

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JoeF,

I understand that I am not providing any information since I do not have it yet with me. I am still awaiting the dreaded mail from USCIS in order to get the proper information. I am just asking since I would like to understand my situtation correctly and then take the necessary steps in order to make it right. Thank you for taking the time to reply.

 

Rahul,

 

Thank you for the reply. I understand that essentially there is no other options at this time for me with respect to what I asked. Thank you again.

 

Jairichi,

 

I am waiting for the mail from USCIS to understand the reason for the RFE. Yes, I did speak to our employer's attorney and did get an understanding that the best option at this time is to wait and identify the reason for the denial. The attorney also mentioned that filing would not be an option since my I-94 has expired on Sept 30th 2013. So, I am still assessing and trying to obtain what are the other options I have in order to maintain a legal status.

So, what was the RFE about?

Since the employer answered it, it was received.

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