H1b extension denied...Currently appealed

[navidmenezes]

Hi,
My H1b extension was applied in the first week of November 2010 and after I filed it for premium processing, USCIS sent RFE on 30th of November. Once that RFE was responded to, they sent another RFE in the first week of January 2011 which was again responded to. In the Mid of February 2011 they sent an RFE saying, that I am not elligible for extension as I have already completed 6 yrs in the US on my H1b, whereas I have only completed 4 and half years and I am still elligible for a year and half more of extension. My employer sent the proof of the same, but within a day of sending the proof my H1b extension was denied.
On receiving the denial notice, my employer has appealed the decision with all the required documents and proofs.

My questions are:
1) What are chances of getting an approval and if there is a chance, how much time would that take.
2) Incase there is a denial again, what are the other options that can get me to the US. (I am currently in India)

[shervin143]

1) What are chances of getting an approval and if there is a chance, how much time would that take.
>>> It is hard to predict. It could take anywhere between 2-3 months.

2) Incase there is a denial again, what are the other options that can get me to the US. (I am currently in India)
>>> If you haven't completed 6 years in that CAP, then you can transfer your H1B to another company. If you have completed 6 years, then you should wait for 1 year outside U.S and file a new H1B petition under a new CAP.

[navidmenezes]

Thank you for your reply.

[navidmenezes]

I have actually completed a little less than 5years on my H1b. But the USCIS says it is already 6years complete. I have submitted enough proof of my passport with dates of entry exit and visa stampings. Is there any other document that you think is needed to prove?
Can the appeal be put in premium?

[shervin143]

I have actually completed a little less than 5years on my H1b. But the USCIS says it is already 6years complete. I have submitted enough proof of my passport with dates of entry exit and visa stampings. Is there any other document that you think is needed to prove?
>>> Probably boarding passes (if you have them), Flight tickets/eTickets and copiesof all I-94 will help. Ask your employer to prepare a proper documents mentioning clearly the time spend in U.S in H1 B + L1 status and to prove that you still have time left in your 6 year CAP.

Can the appeal be put in premium?
>>> I don't think the appeal (MTR) can be filed under premium process.

[navidmenezes]

Your reply has been very informative. Thanks for the same.
I will post here once the decision of appeal is received.

[navidmenezes]

Currently I still do not have a reply to my MTR.
Its not yet been a month so I got to wait more I guess.

But had another set of questions:
1) I have stuff in the US like an apartment, car etc. would I be able to process a visit visa to sort out all of that?
2)Incase there is a denial again or this denial is taking time, can my L1 or B1 be processed?
3) As we know a new H1b can be applied for within a year, when do you think am I elligible for the same? From the date of expiry before extension or the actual H1b expiry?

[txh1b]

Make enlarged color copies of your passport for your appeal with clear date stamps, entry stamps from foreign countries, any spending records that you have in the foreign country on a credit card, any pictures with family/videos/functions - like your wedding, engagement etc etc.

Airlines should be able to give you something regarding your travel proof if with-in a certain period of time. If you have the right attorney and documentation, your appeal will prevail.

[navidmenezes]

Thanks for your reply.
I agree to what you are saying, but my employer has already filed the appeal, so I wonder how he has actually done it. I am worried and feel helpless currently. Just waiting for the reply and do not know whats gonna be the reply.

As per your experience, on an average how much time does it generally take for the MTR to be replied?

[shervin143]

Usually 1-3 months. There are cases where it took almost 7-8 months.

As per your experience, on an average how much time does it generally take for the MTR to be replied?

[navidmenezes]

When Can i apply for Visa Next

HI,
My Visa extension was Denied in March 2011.
When am I elligible to apply for a fresh new H1 or L1 visa.
Would the previous denial of extension have any impact on the fresh new visa?

Also, Can I apply for visit visa to US during this time?

THanks

[shervin143]

My Visa extension was Denied in March 2011.
When am I elligible to apply for a fresh new H1 or L1 visa.
>>> You can apply it anytime.

Would the previous denial of extension have any impact on the fresh new visa?
>>> Rejection of one visa will not impact an another one. But the will look into your case a little closely because of the previous denial.

Also, Can I apply for visit visa to US during this time?
>>> Yes.

[nimira1984]

hey pls update.

hey pls update!!
I m in the same situation and wanna know what happened after appealing? I m still in the US and going to appeal. pls let me know