H1-b extention deniel and notice of intent to revoke

meet99

New Member
Hi,
USCIS send a notice that the petition for h-1b extention for me is denied, which was filed in March 2005. I have last chance to appeal.

Previously nebraska service center ask for RFE to provide enough evidence to prove that petitioner is paying the salary which he agreed to abide by the terms of the labor condition application.

In last 3 three years petitioner failed to pay the required current wages. Also he failed to submit enough evidence to establish that he intends to pay the required wage. In view of above, the petition is denied.

With reference to the about RFE USCIS send another notice of intent to the petitioner that it is their intent to revoke the approval of last petition which was filed in 2002 and approved.

(1) What are the consecuences if they revoke the approval of last h-1b approval and denied the extention.
(2) Can transfer my h-1 to another employer.

Any comments will be appreciated.
Thanks
 
meet99 said:
Hi,
USCIS send a notice that the petition for h-1b extention for me is denied, which was filed in March 2005. I have last chance to appeal.

Previously nebraska service center ask for RFE to provide enough evidence to prove that petitioner is paying the salary which he agreed to abide by the terms of the labor condition application.

In last 3 three years petitioner failed to pay the required current wages. Also he failed to submit enough evidence to establish that he intends to pay the required wage. In view of above, the petition is denied.

With reference to the about RFE USCIS send another notice of intent to the petitioner that it is their intent to revoke the approval of last petition which was filed in 2002 and approved.

(1) What are the consecuences if they revoke the approval of last h-1b approval and denied the extention.
------------ you need to go out of US if no I-485 pending for you
(2) Can transfer my h-1 to another employer.
------------ May be if you have 3-4 recent pay stubs AND valid I-94 , talk to good lawyer with all details
*** you wrote that your H1 extension is denied I hope you dont have valid I-94.
Any comments will be appreciated.
Thanks
 
Last edited by a moderator:
I don't have valid I-94, which expired on 06/06/05. I was told by my attorney that since company applied for the extension, my stay was valid. but now USCIS already made a decision, how soon I should leave the country. By any means, can I find another company and transfer my h-1 ***note that h-1b extension is already denied, received the answer on Aug 23, 2005 and I-94 validity is also expired.

Company hasn't filed my greencard yet. but still we have one chance to appeal, that attorney is going to file a appeal against a decision of deniel. Before they review the appeal and make their final decision, what will be my legal status. during this period, uscis will consider my stay valid?

Attorney is not making all these points clear to me.
 
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