(Conflict)2 Notices Recieved 1st Approval 2nd Denial

H

harindersgulia

New Member
I was working for TCS in USA till Oct 13, 2004
I left US on Oct 13,2004 and came to India and started working for TCS India ..I was on paid till Oct 31, 2004
In the mean time, I filed for H1 transfer with the new c/p ..I got the approval on June 14, 2004.
On June 15 , 2004 , I got a letter with the below details.
On,you filed a petition for Nonimmigrant worker ( Form I-129) on behalf of the alien
listed above.You have been informed of the decision rendered on the classification
portion of the petition. The portion of the petion requesting for the alien is now
being denied for the following reason.

The alien has failed to maintain his nonimmigrant status because he cudnt demonstrate
current employment with the petitioner thru which H1B was last obtained.
The termination date of employment with that petioner is unknown. Statements included
in the file indicate that the beneficary was on paid leave thru Oct 31 , 2004
The beneficiary left US and has remained outside US since Oct 13, 2004. The new petition
was filed on NOv 24, 2004

My question is ..Can i get the stamping done in India with the new I-797 I have got or there is some issue with this case ( EAC0503950491) that needs to be resolved.
Let me know ..I want to come to US asap ..so what is the best way for it.
Thanks
Manish
 
Look at the case number on your approval and denial letters. Are they for different cases, or are they for the same case number?

Did you have a H1B extension or transfer pending based on your old employer's H1B?
 
So you left your old job on Oct 31, 2004.
You applied for a H1 transfer on Nov 24, 2004

You can't do that. You can only transfer a H1 that's currently valid and operational. So it looks to me that the denial is correct and would probably take precedence over the approval.

Your new employer will most likely have to apply for a fresh H1B petition.

Have your new company's attorney follow up with USCIS by calling the service cetner. They will confirm (the likely fact) of the denial being the final status of the case.
 
the fact that you are outside the US, you can have your employer file and amendment to your H1 to change from transfer case to Consular processing...

they won't need to file an entirely new case, they just need to make the approved petition into a new H1 via consular interview...

not sure if that will work, but it's worth a try...
 
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