I joined a (on 12/2/06) non for profit organization on my OPT (expiry May 30th 2006)
They applied for an H1 (under non for profit category) in the beginning of May 2006.
This organization had successfully filed for H1-B/work permits in the preceding years.
This year, the USICS redefined the requirements from non-for profit organizations petitioning for H1-B right around the time my application was submitted.
The USCIS asked for some additional information on the organization’s non-for profit status. The requested information was sent to the USICS by the HR department without consulting the organization’s attorney. The USCIS were not convinced with my organizations non-for profit stats and rejected my application (end of May 2006). Since my OPT had expired the organization placed me on leave without pay from the beginning of June 2006.
In the first week of June the organization finally contacted their attorney and filed an appeal on my behalf. Since my project was based on a stringent timeline they terminated my employment with them on June 26th 2006 retroactive from May 31st 2006. Despite my termination the H1-B appeal was not withdrawn, since it was in the best interest of the organization to appeal against the ruling on their non-for profit status.
My I-129 was finally approved in the beginning of December 2006. The organization when contacted want to rescind my approval since I was no longer working with them.
They will also not allow me to transfer this H1B to anther non-for profit. I am maintaining my legal status meanwhile by extending my student status.
I was wondering if I had any way of getting my H1-B transferred /taking any legal action against the organization. Any advice would be appreciated
They applied for an H1 (under non for profit category) in the beginning of May 2006.
This organization had successfully filed for H1-B/work permits in the preceding years.
This year, the USICS redefined the requirements from non-for profit organizations petitioning for H1-B right around the time my application was submitted.
The USCIS asked for some additional information on the organization’s non-for profit status. The requested information was sent to the USICS by the HR department without consulting the organization’s attorney. The USCIS were not convinced with my organizations non-for profit stats and rejected my application (end of May 2006). Since my OPT had expired the organization placed me on leave without pay from the beginning of June 2006.
In the first week of June the organization finally contacted their attorney and filed an appeal on my behalf. Since my project was based on a stringent timeline they terminated my employment with them on June 26th 2006 retroactive from May 31st 2006. Despite my termination the H1-B appeal was not withdrawn, since it was in the best interest of the organization to appeal against the ruling on their non-for profit status.
My I-129 was finally approved in the beginning of December 2006. The organization when contacted want to rescind my approval since I was no longer working with them.
They will also not allow me to transfer this H1B to anther non-for profit. I am maintaining my legal status meanwhile by extending my student status.
I was wondering if I had any way of getting my H1-B transferred /taking any legal action against the organization. Any advice would be appreciated