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Hi Immigration Gurus
My H1B transfer from Company P to Company Q has been denied by USCIS and that company P ran into loss and it is no more into existence. I have my valid H1B Approval, Visa and I94 from company P till September 30, 2009. Company Q tells me they will be appealing for the denial before September 30, 2009.
The denial Notice states that:
A Request For Evidence was sent and was supposed to respond before July 16, 2009 and since no response was received by USCIS, the petition is being rejected.
The main problem is that Company Q did not receive any Request For Evidence from the day it received the acknowledgement receipt number (EAC Number). I also was tracking the EAC number in the internet daily but nothing was updated in Internet too.
My questions are:
1. Will appealing to the denial give me time to stay legally in USA and work at the client site through Company Q?
2. Can I receive pay checks from Company Q during this appealing time (before and after September 30, 2009)?
3. Also if I transfer my H1B to Company R before September 30, 2009 and I get EAC# before September 30, 2009, should I join Company R before September 30, 2009 or after September 30, 2009?
4. Suppose my transfer to Company R gets rejected and if my appeal by Company Q was successful will I be able to change to Company Q or is there any formalites to be undergone since I work for Company R after Sep 30, 2009?
Thanks and Regards
Paddy Sundaram
([email protected])
My H1B transfer from Company P to Company Q has been denied by USCIS and that company P ran into loss and it is no more into existence. I have my valid H1B Approval, Visa and I94 from company P till September 30, 2009. Company Q tells me they will be appealing for the denial before September 30, 2009.
The denial Notice states that:
A Request For Evidence was sent and was supposed to respond before July 16, 2009 and since no response was received by USCIS, the petition is being rejected.
The main problem is that Company Q did not receive any Request For Evidence from the day it received the acknowledgement receipt number (EAC Number). I also was tracking the EAC number in the internet daily but nothing was updated in Internet too.
My questions are:
1. Will appealing to the denial give me time to stay legally in USA and work at the client site through Company Q?
2. Can I receive pay checks from Company Q during this appealing time (before and after September 30, 2009)?
3. Also if I transfer my H1B to Company R before September 30, 2009 and I get EAC# before September 30, 2009, should I join Company R before September 30, 2009 or after September 30, 2009?
4. Suppose my transfer to Company R gets rejected and if my appeal by Company Q was successful will I be able to change to Company Q or is there any formalites to be undergone since I work for Company R after Sep 30, 2009?
Thanks and Regards
Paddy Sundaram
([email protected])
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