H1B Denied, very confused- Pls help!

[RanOuttaLuck]

Hello,

 

I have been following this forum for a long time, it has been very helpful. I guess it's time I start posting, and i'm sad as I ran out of luck this time around.

 

I graduated in 2012 and started working right away. My H1B got denied today after RFE and the reason for denial is not yet known. I am on OPT 17 month extension period now and it ends Feb '15. I'm working currently and this is my first and only project since the start of my OPT, provided every document they wanted but still a denial. My question is to know what options have I got to continue working and reapply H1B next year.

 

Do you suggest me take up a second master's degree and then work on OPT or go back home and apply for a H1B at the end of my current OPT? Or do I have any other options left that allow me to stay legally after Feb '15 so I can reapply H1B?

Please help as I am already hurt financially and have all hopes on H1B as it's the only way I can work for few more years and pay off my debt and cannot afford to go back to India.

 

Thanks in advance for your help!

[JoeF]

Why are you "hurt financially"?

The employer has to pay for the H1. If you paid for it, that would likely be the reason for the denial right there, a fraud employer.

You have 60 days after your OPT expires to leave the country. That's pretty much the only option. An employer (a better one than the current one) can file an H1 for you on April 1, 2015, for a start date of Oct. 1.

[jairichi]

Wait for the denial notice to know the reason for denial. If needed your attorney might go for MTR.

You are eligible for cap-gap if your OPT ends next February and if an employer files a H1B petition by April 2015.

[mirage13]

find an employer and transfer your H1b . You can wait in US till you received exact reason for RFE , check with your employer , can it be contested .

[omshiv]

Really sorry for the situation...hopefully things will turn out in your favor soon.

 

Did you get a straightaway denial or a RFE first? if yes what was the RFE about? Is your employer a Desi body shopper?

 

The only option you have right now is either go back home or I guess do a COS to B1/B2.

[batman]

what is the RFE about?

You can apply MTR and work till Feb, if you are lucky enough you can get H1 through MTR.

[mackr]

I understand ur situation.. sorry to hear...Plz pray.. Have faith..

 

I am NOT a lawyer. But I would suggest this... DO NOT think about going back home....Stay in the US at any cost, using any 'legal' visa options. (u know, staying illegally will cost u with any chance of working in the US in the future) Side by side, work somewhere to support yourself till u r back on ur real job. U know why I tell u this? I know an employee who had a BE in CS and who had 10+ years of experience in software, who got his H1B approval while he was in the US, but got rejected when he went to India for stamping. It is even more risky when u apply for fresh H1 from India. The right way is to get H1B approval in the US, and stamping in Canada. As you have mentioned, u cannot afford a rejection.

 

In the worst case, convert into a student visa. Search thru all universities and get into the cheapest program available. get a cheap car along with it and work 24x7 (yes, a lil exaggerated) to support urself. Make sure u pay off all ur debts (be it using H1 job or using non-H1 job) before u leave the US. DO NOT go back before that. If u don't see chances for work in the place where u live, move somewhere else. Necessity is the mother of invention. You are capable of it. Believe it and do it.

[rahul412]

I understand ur situation.. sorry to hear...Plz pray.. Have faith..

 

I am NOT a lawyer. But I would suggest this... DO NOT think about going back home....Stay in the US at any cost, using any 'legal' visa options. (u know, staying illegally will cost u with any chance of working in the US in the future) Side by side, work somewhere to support yourself till u r back on ur real job. U know why I tell u this? I know an employee who had a BE in CS and who had 10+ years of experience in software, who got his H1B approval while he was in the US, but got rejected when he went to India for stamping. It is even more risky when u apply for fresh H1 from India. The right way is to get H1B approval in the US, and stamping in Canada. As you have mentioned, u cannot afford a rejection.

That's wrong dude. Their are 100's of people getting visas from other countries, so getting H1 from US is not the ONLY way.

And don't give suggestions which puts him into more trouble, "work somewhere to support" is not possible when a person is on F1.

[JoeF]

I understand ur situation.. sorry to hear...Plz pray.. Have faith..

 

I am NOT a lawyer. But I would suggest this... DO NOT think about going back home....Stay in the US at any cost, using any 'legal' visa options. (u know, staying illegally will cost u with any chance of working in the US in the future) Side by side, work somewhere to support yourself till u r back on ur real job. U know why I tell u this? I know an employee who had a BE in CS and who had 10+ years of experience in software, who got his H1B approval while he was in the US, but got rejected when he went to India for stamping. It is even more risky when u apply for fresh H1 from India. The right way is to get H1B approval in the US, and stamping in Canada. As you have mentioned, u cannot afford a rejection.

 

In the worst case, convert into a student visa. Search thru all universities and get into the cheapest program available. get a cheap car along with it and work 24x7 (yes, a lil exaggerated) to support urself. Make sure u pay off all ur debts (be it using H1 job or using non-H1 job) before u leave the US. DO NOT go back before that. If u don't see chances for work in the place where u live, move somewhere else. Necessity is the mother of invention. You are capable of it. Believe it and do it.

 

So, you are suggesting the OP breaks all kinds of laws of this country.

That's a sure way to get a lifelong ban.

Why do you wish that on people???

Shame on you!