H1 Extension Denied after 6 years and I-140 Approved!

Visathinker · Post by **Visathinker** » Thu Nov 24, 2011 9:55 am

Hi All,

This is sad day of my life. My H1 extension has been denied today, 11/23/2011 while I have I-140 approved on 4/23/2011. I work for big Indian consulting company for a client which is one of the biggest Bank in World. After filing Visa, I got RFE asking updated Manager's letter. I provided this and then after a month I got Notice of Intent to Deny (NOID) asking for more description of Project and Role. I gave very detailed role and Project description along with updated Manager's letter but no luck. My project's end date on Manager's letter is mentioned as 12/31/2011 which after a month.
It finally ended into denial. As of now, I am not sure what can be the reason of denial as denial petition will come a week or two.
I am very frustrated and confused what to do! Please provide me some guidance on my following question.

1) Can I appeal against this decision of USCIS and stay in US? If yes, then how can I do?
2) If I can't appeal then do I need to leave US asap? How long I can stay more?My I-94 has already expired on 09/30/2011.
3) If I have to leave US, can I come back again on H1? If yes, do I need to wait for next year October-2012 to get H1 or I can get H1 asap?
4) If I go back to India and work from offshore with same employer, would my GC process be affected?
5) If my company processes L1 instead of H1 would my GC process be affected?

Regards
Visathinker

direstraits88 · Post by **direstraits88** » Sat Nov 26, 2011 12:31 am

1) Can I appeal against this decision of USCIS and stay in US? If yes, then how can I do?

YES. Speak with your lawyer. If you want another opinion, contact sheila murthy @ murthy.com.They charge a consulting fee of $100-200 but you'll know the answer from someone who handles these cases everyday.

2) If I can't appeal then do I need to leave US asap? How long I can stay more?My I-94 has already expired on 09/30/2011.

Your lawyer would be the best person to ask. IMO, you need to leave ASAP after getting the letter.

3) If I have to leave US, can I come back again on H1? If yes, do I need to wait for next year October-2012 to get H1 or I can get H1 asap?

Yes. But you need to wait 1 year to apply. You can only apply after 365 days. So add 3-6 months for processing, stamping, etc.

4) If I go back to India and work from offshore with same employer, would my GC process be affected?

GC is for future employment. Your GC processing will continue and it shouldn't be affected as long you don't overstay your H1.

5) If my company processes L1 instead of H1 would my GC process be affected?

L1 or H1, you need to stay out for 1 year. Your attorney would be the best to answer this.
Good Luck.

Visathinker · Post by **Visathinker** » Sat Nov 26, 2011 3:40 am

Hi desipardesi,

Thanks for your invaluable advice!

I talked with my Manager today and he told me that company may file MTR and I can stay with Bench(Resource Pool) of my company in US but without any pay as it's not legal to receive Pay after Visa is denied. I have asked my Manager more about MTR but he himself is not clear. Henc, I need guidance of all of you.

1) Have you ever heard of any MTR case got H1 successfully Approved and extended?!

2) Do you know how much time USCIS take to make decision on MTR? My case is on Premium Processing.

3) If my MTR gets approved, can I get salary as arrears of the period I was at loss of pay?

I am still waiting for Petitions to come.

Warm Regards
Visathinker

clarence123 · Post by **clarence123** » Sat Nov 26, 2011 4:09 am

For immigration related queries, I think r2iclub might not be able to help you clarifying your queries with accurate answers.. I am sure members might be able to help answering your question with their personal experience.

For such critical issues in the past, the following forum was really useful for me.. The moderator, Ron Kotcher, is an attorney himself.. so you could consider that as a professional advise. or you could try murthy.com or other folks who might charge you for their time.

http://www.immigration-information.com/forums/

(Admin - Hope I am not advertising/promoting anything here.. if it is perceived to be so, please feel free to delete the link.. )

direstraits88 · Post by **direstraits88** » Sat Nov 26, 2011 5:50 am

Visathinker;424881Hi desipardesi,

Thanks for your invaluable advice!

I talked with my Manager today and he told me that company may file MTR and I can stay with Bench(Resource Pool) of my company in US but without any pay as it's not legal to receive Pay after Visa is denied. I have asked my Manager more about MTR but he himself is not clear. Henc, I need guidance of all of you.

1) Have you ever heard of any MTR case got H1 successfully Approved and extended?!

2) Do you know how much time USCIS take to make decision on MTR? My case is on Premium Processing.

3) If my MTR gets approved, can I get salary as arrears of the period I was at loss of pay?

I am still waiting for Petitions to come.

Warm Regards
Visathinker

MTR will take at least 30 days for decision. Maybe more due to holidays in December. So only an attorney can answer about your status if you file for MTR as your visa is already denied.

There are stories of successful MTR. But it's usually after submitting proper documentation showing you will be on a project for at least next 1-2 years from a End client. My guess is your company is unable to get such a letter from the client.

Good luck ! Only a lawyer can help you..

Visathinker · Post by **Visathinker** » Sat Nov 26, 2011 10:59 pm

Hi desipardesi
Thanks for your post.

Do you think MTR will take 30 days because my will definitely file it for Premium Processing.

By the way, last evening, I was talking with my friend and he told me that I can apply for new H1 sitting in US. I don't need to go to Indian back. Is this correct information? Please share your views on this.

Warm Regards
Visathinker

Visathinker · Post by **Visathinker** » Sat Nov 26, 2011 11:05 pm

Also, my Client doesn't issue such letter (Per Information of my Employer).

naanin · Post by **naanin** » Sat Nov 26, 2011 11:11 pm

Premium processing doesn't count once the case is denied and MTR is filed. MTR might take 30 days or 30 months, no guarantees there. You should really be talking to a good attorney, not to your manager, or friend or seeking advice on a forum.

Visathinker · Post by **Visathinker** » Sun Nov 27, 2011 10:05 pm

//MTR might take 30 days or 30 months,//

Thanks naanin. This is a good point to know. To be more clear, are you suggesting me that I should not file here MTR and should better go for new H1 while staying in US?

Warm Regards
Visathinker

direstraits88 · Post by **direstraits88** » Mon Nov 28, 2011 7:42 am

Try to contact an immigration attorney tomorrow. You don't have an option to apply for another new H1. Your only option is to apply for motion to reconsider. IMO, you can stay in US until you get a response from INS. But only a lawyer can give you correct advice about this and any potential impact on your GC process.