Appeal to the commisioner. Help

G

garcisco

New Member
Hi,

My H1B was denied, I filed an appeal to the comissioner. My lawyer says that I can continue working while my appeal is being processed but my employer doesn't believe that, therefore I haven't been working since the notice of denial was issued. Does anybody knows if I can resume my work while the appeal is in process?.. where can I find info about that?..

Thanks.
 
garcisco said:
Hi,

My H1B was denied,
----------------what was the reason provided for H1 Denial ??? was it H1 extension or H1 transfer? what is your present status? do you have valid I-94?

I filed an appeal to the comissioner. My lawyer says that I can continue working while my appeal is being processed but my employer doesn't believe that, therefore I haven't been working since the notice of denial was issued. Does anybody knows if I can resume my work while the appeal is in process?.. where can I find info about that?..

Thanks.
Click to expand...
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aapeal to the commisioner.help.cont.

I applied for a change of status from a J1 to a H1B back on October 2006 when my J1 was still valid. I received a RFE requesting the labor condition application ,this wasn’t filed with the rest of the documents due to some misunderstandings with my attorney. The labor condition application was sent responding to the RFE; shortly after I received a Notice of Denial because the Labor Condition wasn’t filed prior to the filing of the I-129 petition. My attorney filed an appeal on Feb. 21-07 and I’m waiting for an answer. About my current status, to be honest i don't know my status plus my I-94 doesn't have any expiration date on it.
I hope this looks more clear for you now.

thanks.
 
garcisco said:
I applied for a change of status from a J1 to a H1B back on October 2006 when my J1 was still valid. I received a RFE requesting the labor condition application ,this wasn’t filed with the rest of the documents due to some misunderstandings with my attorney. The labor condition application was sent responding to the RFE; shortly after I received a Notice of Denial because the Labor Condition wasn’t filed prior to the filing of the I-129 petition. My attorney filed an appeal on Feb. 21-07 and I’m waiting for an answer. About my current status, to be honest i don't know my status plus my I-94 doesn't have any expiration date on it.
I hope this looks more clear for you now.

thanks.
Click to expand...

it is the mistake of the lawyer who filed H1, LCA is filed with I-129.
 
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