I129 Exten Denied after RFE. In 8th year After I140 Approved

[katerahul]

Hi,

I am in a bad situation and obviousely have a lot of questions. I work for a Decent size consulting company who is a direct vendor at a big Bank in US.

 

Below are the facts before we start discussing my case.

 

 

1) I140 Approved in Dec 2014

2) H1 B Stamped Visa expired on Jan 25 2016

3) Filed for H1B EXTENSION with the same employer in Oct 2015. Working for client A at that time

4) Moved to premium in Feb 8th 2016 & got RFE on Feb 18th 2016

5) Responded to the RFE on April 8th 2016 as there was some delay in getting the client letter

6) Got Denial notice from USCIS on April 19th

7) We havent received any official letter from USCIS yet.

 

 

Quesitons:

 

1) What are my options? 

2) MTR & Appeal are the options but not sure how fruitful that will be.

3) Can I file a Fresh H1B extension again ? If not

4) Can I file a Fresh Cap Exempt H1B again, P.S I am in my 8th year? What happens to my I140, if I file for a fresh H1B?

5) Can I change job and have another employer file my H1B? What happens to my I140 if I change my job?

6) Do I need to get out of the country in any of the above cases? Obviousely I will have to sell off everything & leave. If I go out what is the probablity of any issues?

 

 

Appreciate any help in this regards

 

Thanks,

Rahul

[rahul412]

Go for new H1 with good documentation, MTR is useless.

[katerahul]

Thanks Rahul.

 

Does that mean I will have to go out of US, File for a fresh H1B, get it stamped & come back?

[rahul412]

Thanks Rahul.

 

Does that mean I will have to go out of US, File for a fresh H1B, get it stamped & come back?

If your current I94 has been expired then that's the only option you have.

You can stay in US but you might not get new I94 with your H1 797.

[sarinni]

What is the reason for your rfe? Did you receive reason denial notice?

[katerahul]

Hi Sarinni,

The reason for RFE was they wanted Employee Employer Relationship proof.

 

Reason for Denial I havent received anything yet but as per the Attorney it was because of my 3 months stint at another company. I think there was a confusion.

 

When my H1B Extension was filed (Oct 2015)  I was at Client A but when I converted to Premium (FEB 2016) and eventually when I got the RFE & Denial (April 2016) I was at Client B. 

 

Someone messed it up, either someone from the attorney or the Immigration officer got confused or he/she might have felt that its something fishy even though I had provided all the necessary documentation.. 

 

Dont intend to scare anyone but its getting muddier.