H1B Denial, MTR processing


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My H1B petition is picked in lottery this year - 2015, but there was an RFE issued as we didn't have any client letter. My employer has submitted the workorder(SOW) which was expiring in July, 2015.


RFE issued has two things:


1) Employer/Employee Relationship

2) No Specialty occupation


But, the underlying comments within RFE state that the workorder is expiring in July,2015 which is prior to the requested work permit which starts October 1st, 2015.


But, the project is stated for extensions every three months and it was extended until October at the time of RFE. Attorney suggested submitting time sheets and status reports for the period after the initial work order expiry and a supporting document as a proof that the project is extended. The petition was changed to premium processing, and after two weeks it was denied stating that there is no Substantial evidence that the project got extended.


My 17 month OPT extension status expired in November and MTR was filed October ending and there is no update on that yet.


Meanwhile, the project was extended for next three months and I worked until the last date of OPT status.


Now, I have two months of grace period to go back to my country. I got contacted from one of my previous employers who is a NPO, they have a position which suits my skill set and are asking for an interview. Will I be eligible to join that company by any chance, they are willing to process my H1B as there is no cap for NPOs.


But, since I am already out of status will I be eligible to take that offer?


Any help is greatly appreciated.


Thank you in advance!




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