Re:H1 transfer deny,options

[jumanji]

can anyone please advice

Completed MS 2005 Dec.
Got H1B approved from Company A from Oct 2006-Sept-2009.
Went for stamping in Mexico for stamping...I94 stamp till Sept 2009
Applied for H1b transfer to another company B in Oct 2007,Denied after RFE was replied to in Dec 1st week because Vermont center said my contract with client is only till Dec 2008.

Got the new contract from client till 2009 Dec and applied to Calif center as i work in IL ...and got the recipt number.

Can anyone tellif i can stay in the country till Sept 2009 or i should return to home country within 30-180 days of deniel from Vermont center?...or can i transfer to F1 for now and thus be in status?..

PLEASE HELP!!

[txh1b]

You can work for the company that has a valid I-94 till 2009.You cannot choose to work for the company that has got a denial already as you have no legal authorization/reason to work as per the AC21 portability provision. You are currently out of status and the transfer will not likely get approved again. They should not have applied for a new transfer petition but rather do MTR on the old application along with proof of an extension contract so that your status could be continuous.

You are in for trouble. Contact a good attorney as your employer does not seem to be doing the right thing.

[jumanji]

Re:H1 deny,options

Well since the Process of opening the MTR file and getting that processed is taking a year nowadays , the attorney said he will apply to Calif since i noe work in IL ...So i am ok with that part...but what i would like to know is how can i stay in the US legally untill that desicion is made from calif...or can i atleast be till 150 days..or till sept 2009 which my i94 from prev employer is stamped. my prev employer cancelled the h1...so m definelty scrd. Any Advice...

[txh1b]

Well, ask the attorney. It has been answered in my earlier post. You no longer qualify for AC21 as you are out of status. AC21 filing portability is applicable only if you are in valid status. You are currently illegal.

[jumanji]

Re:H1 deny,options

Thanks Txh1b for the quick response...

But the thing is i already got a reciept number from the calif center...so what do you think is happening here...i am really in a confusion now....bec usually they shouldnt giv a Recipt number rite if they dint accept...

[txh1b]

That is not correct. They will accept and only while processing gets scrutinized.

[jumanji]

Re:Options

Yes, You were correct. today i got the deny notice without an RFE..but they did say i can appeal. The denial reason was the PO/Contract with clent has no statement of work,no invoice,no charges/billable rates.They are thinking we prepared the PO...BUT in reality the client did prepare it.

Ok leave that...can you please advice me what to do next..(one is goin back to home country) but can i again apply through another company....will it work since now that i have 2 denies....PLEASE ADVICE

[jumanji]

Re:H1 deny,options

Hi guys, any advice on this.

Should i appeal the case or go for another larger company who can sponser H1 PLEASE advice

[txh1b]

Appeal is a long process and could take 6-12 months and you cannot work while it is going on. I would personally say leave the country, get a new sponsor file H1b and come back upon approval.

[jumanji]

Re:H1 deny,options

Yes, that seems the only way out. But can u advice if i should appeal the case for now, go out of the country and in april ..can i file a new h1 in master quota...will the new h1 process be affected by the appeal if selected in the lottery..Thanks,

[txh1b]

You are cap exempt if you already have an approved H1b. You need not apply under a fresh H1b quota. If you leave immediately upon denial, and do not accumulate unauthorized stay, the chances of getting visa and approval are good.

[jumanji]

options

Thanks!

But i dont understand it.

1) so can i apply though another company as a fresh h1 (based on the approved one) without a PO? as the client cannot give a PO issued since i am not in the country?

2) what if i appeal through the same company with the correct PO simultanously?

3) so does cap exempt mean i can apply whenever i want though another company? or is it only till it is valid ie Sept 2009?

Thanks again!!

[txh1b]

https://www.immihelp.com/h1-visa-faq/

[jumanji]

options

Thanks for the link but i am unable to find the understanding of my status.

Got H1 approved and stamped(marc 07) from company A from oct 06-Sept09.
Applied transfer for Comp B in Oct 07
(Note)-> Employer A cancelled H1 in April 08
Got deniel for Comp B in Dec08 from Vermont(reason:my contract was only till Dec 08 per the replied RFE....(do u think i can appeal after 30 days has passed here)
Got deniel for Comp B again in Jan09 from calif(reason:because of PO) thinking to appeal here...

So what i am unable to understand AM I still not under the CAP for H1 application?
Please advice.

[jumanji]

options

What i mean is because the H1 which was valid initially from Oct 06 -Sept 09from comp A was cancelled in Apr 08 ...am i not under the cap..