H-1 Transfer Denied.Urgent Help needed!!!

A

ajaysri

Registered Users (C)
Hi,

I was with company A on H1-b. I applied for H1 Transfer and moved to company B after I got my WAC number. Unfortunately, my H1 transfer got denied. We applied for MTR (FORM 290 B) to the AAO. I have a question in this regard


1)when we appeal to AAO, we mailed the required docs to the CA service center as given in the denial notice. My question is, does the file get re-opened in the CA service center. Or does it get forwarded to the AAO? Any one has similar experince..please help.

2) Is there a chance that it gets approved at the service center with out getting forwarded to the AAO


3)Its 6 months since I quit my previous company. can I re-join my old company?
 
1)when we appeal to AAO, we mailed the required docs to the CA service center as given in the denial notice. My question is, does the file get re-opened in the CA service center. Or does it get forwarded to the AAO? Any one has similar experince..please help.

In our case the files got transferred to AAO, Generally I think the officer has a choice of choosing to either use the new proof and adjudicate or send to AAO.

2) Is there a chance that it gets approved at the service center with out getting forwarded to the AAO


YES

3)Its 6 months since I quit my previous company. can I re-join my old company?

I think the rules say yes as long as the first employer has not withdrawn the application and your I94 is valid.

Pls doublecheck with lawyer though.

Reply With Quote
 
Hi Sunnyap,

Thanks for answering. One more question if you can answer..when your case is transfered to the AAO did you get an intimation from the Service center that your case is transfered to the AAO?

Also, did your case get approved at the AAO..can you please tell?
 
Hi Ajaysri,

I was in the same situation where i started work for Company A on H1-B transfer receipt and which got rejected and was transferred to AAO, But i immediately transferred by H1-B from Company A to Company B with Company A filing receipt and latest paystub. I would suggest you to file your transfer to new Company bcoz i see a very less possibility of it getting approved, According to my conversation with lawyer they said i cannot work for Company A as it was rejected and send to AAO i would suggest you to confirm this with your lawyer too.

Hence best option is to transfer....Good Luck.

VP


ajaysri said:
Hi Sunnyap,

Thanks for answering. One more question if you can answer..when your case is transfered to the AAO did you get an intimation from the Service center that your case is transfered to the AAO?

Also, did your case get approved at the AAO..can you please tell?
Click to expand...
 
Aao

Our case said it went to AAO , but on enquiry we found that it was still in CA.The chance of success depends on why the case was denied. If you have conclusive proof that it was denied on wrong data , by sending right data there is a fair chance of getting it approved. But because of timing issues i think it is better to maybe rejoin your old company.
 
Hi, An update from my side. we got a receipt notice from the CA service center and got a new WAC number for tracking. When I checked the UCIS web site with this number for status it says "It is taking between 0 and 0 days for us to process this kind of case. We will mail you a decision as soon as processing is complete." I am not sure what this 0 and 0 means :confused:

For you guys, did you get a similar WAC number from the CA service center? Incase the file goes to AAO, will the service center send a letter or notice that states the file has been transfered? Any thoughts?
 
Did you get a similar WAC number from the CA service center?

Incase the file goes to AAO, will the service center send a letter or notice that states the file has been transfered? Any thoughts?
 
H1 Transfer case not accepted

I too have been a victim of transfer case. But, mine is somewhat unusal since the NSC has not rejected the case, but haven't accepted it. They returned the case after 11 1/2 months.

I moved from Company A to Company B in March 18th, 2005 and filed for H1B Transfer. Company A was a non-profit organization. While working for Company A, I had to file for an H1B extention since my first H1 was only for 1 yr. and 9 months. When I filed for extention with company A, in the 129 W form in part B and part C, we did not selected it to be a non-profit organization. My H1 was approved. When I moved to Company B, we filed it has a Transfer, based on the forms filed during my 2nd H1 Extention. On march 02, 2006, they returned the fees saying that this case is subjected to H1 Cap and there are no H1 available at this time.


Its been a year now and I am in no position to go back and work for Company A. USCIS took 11 1/2 months to make that decision that it is a cap case. During this 11 1/2 months we tried to contact them by phone, written letter and Congressman's office help, but they did not responded. On top of all this we also filed for premium processing in november'2005 and they send back the fees saying that we cannot process the case due to "unforseen circumtances". My Attorney asked for the unforseen circumtances and no response.

Now there are several points where USCIS has mishandle this case.

1) It took them 11 1/2 months to make the decision that this is a Cap case.

2) When I filed my 2nd H1 Extention for Company A, they should have raised RFE that this is a non profit company and the 129W wasn't filled in properly.

3) When they approved the 2nd H1 Extention, indicates that they have issued me H1 from the CAP.

4) Even when we asked for premium processing they would have told us that the case cannot be accepted and we could have refilled since the H1B Cap was open for Master's Degree Quota.

My attorney has refile the case on March 8, 2006 with detailed explanation Hoping they accept it.

I know , it is a long post, but this would help someone who would post their suggestions.

My question are:

1) Can I still work with Company B.( My attorney says YES).

2) If they don't accept the 2nd time as well, what could be done?

3) Can I appeal to AAO or Federal Court? How much time does it take and While the appeal is pending can I still work?

Any input is appreciated.

Thanks,
-rmshah
 
rmshah50 said:
I too have been a victim of transfer case. But, mine is somewhat unusal since the NSC has not rejected the case, but haven't accepted it. They returned the case after 11 1/2 months.

I moved from Company A to Company B in March 18th, 2005 and filed for H1B Transfer. Company A was a non-profit organization. While working for Company A, I had to file for an H1B extention since my first H1 was only for 1 yr. and 9 months. When I filed for extention with company A, in the 129 W form in part B and part C, we did not selected it to be a non-profit organization.

Company A is a non-profit Org and H1 approved through them or extended through them always a non-profit org only. You do not have right to change non-profit to profit org for your convenient. Your assumption it self totally wrong.

It is very clear, non-profit H1 while going for profit org H1, come under quota. Every immigration attorney must know this very simple rule.
After knowing all the rules you are applying h1 transfer. It is your attorney or company B attorney total ignorance to apply for a H1 transfer.

From your posting your attorney is misguiding and may be taking lot of money from comp B. Better consult a qualified attorney before you go in to trouble.


My H1 was approved. When I moved to Company B, we filed it has a Transfer, based on the forms filed during my 2nd H1 Extention. On march 02, 2006, they returned the fees saying that this case is subjected to H1 Cap and there are no H1 available at this time.


Its been a year now and I am in no position to go back and work for Company A. USCIS took 11 1/2 months to make that decision that it is a cap case. During this 11 1/2 months we tried to contact them by phone, written letter and Congressman's office help, but they did not responded. On top of all this we also filed for premium processing in november'2005 and they send back the fees saying that we cannot process the case due to "unforseen circumtances". My Attorney asked for the unforseen circumtances and no response.

Now there are several points where USCIS has mishandle this case.

1) It took them 11 1/2 months to make the decision that this is a Cap case.

2) When I filed my 2nd H1 Extention for Company A, they should have raised RFE that this is a non profit company and the 129W wasn't filled in properly.

3) When they approved the 2nd H1 Extention, indicates that they have issued me H1 from the CAP.

4) Even when we asked for premium processing they would have told us that the case cannot be accepted and we could have refilled since the H1B Cap was open for Master's Degree Quota.

My attorney has refile the case on March 8, 2006 with detailed explanation Hoping they accept it.

I know , it is a long post, but this would help someone who would post their suggestions.

My question are:

1) Can I still work with Company B.( My attorney says YES).

2) If they don't accept the 2nd time as well, what could be done?

3) Can I appeal to AAO or Federal Court? How much time does it take and While the appeal is pending can I still work?

Any input is appreciated.

Thanks,
-rmshah
Click to expand...
 
You must log in or register to reply here.
Top