My H1B Denied for the following reason and my situation is hereunder, Can you please advise me the best course of action.
1.My I-94 & Visa is valid till Sep 30th,2008 and i filed for transfer of my H1 on Sep 25th, 2008 with an X company, I realized that the Company 'X'
has many rejections and decided to transfer my H1 with another company 'Y I filed my H1 with company 'Y' based on the 'X' Companys reciept. I recieved
a denial notice stating
2. The Document recieved from the USCIS says quote 'The Decision leaves the Benefeciary withou lawful Immigration Status and he or she therefore presen
t in the United States in Voilation of the Law. The Benefeciary is required to depart the United States,Remaining in United states will effect his ability
to return to US again and provided me with an oppurtunity to appeal.
My Attorney says that the USCIS is looking or LCA from California which we attached in response to RFE, He also advises that i can stay in this country and
i am still legal and he says he is forwarding the LCA along with the appeal. Further My attorney quoted in a hush that he did file the LCA with RFE, it is
only that USCIS which overlooked it, which sometimes happen. He is saying that you can be with in the country as we are going to appeal.
My main Concerns are :
1. Am i Legal based on the above, Where do i Stand.
2. What is the best Decision to be taken at this juncture based on my situation.
3. Can i still trust my attorney/Company as they claims still i am legal in this country, is this true, i am recieving mixed responses, some are saying i am
legal and some claim i am already illegal, Please advise.
Please respond.
Thanks
1.My I-94 & Visa is valid till Sep 30th,2008 and i filed for transfer of my H1 on Sep 25th, 2008 with an X company, I realized that the Company 'X'
has many rejections and decided to transfer my H1 with another company 'Y I filed my H1 with company 'Y' based on the 'X' Companys reciept. I recieved
a denial notice stating
2. The Document recieved from the USCIS says quote 'The Decision leaves the Benefeciary withou lawful Immigration Status and he or she therefore presen
t in the United States in Voilation of the Law. The Benefeciary is required to depart the United States,Remaining in United states will effect his ability
to return to US again and provided me with an oppurtunity to appeal.
My Attorney says that the USCIS is looking or LCA from California which we attached in response to RFE, He also advises that i can stay in this country and
i am still legal and he says he is forwarding the LCA along with the appeal. Further My attorney quoted in a hush that he did file the LCA with RFE, it is
only that USCIS which overlooked it, which sometimes happen. He is saying that you can be with in the country as we are going to appeal.
My main Concerns are :
1. Am i Legal based on the above, Where do i Stand.
2. What is the best Decision to be taken at this juncture based on my situation.
3. Can i still trust my attorney/Company as they claims still i am legal in this country, is this true, i am recieving mixed responses, some are saying i am
legal and some claim i am already illegal, Please advise.
Please respond.
Thanks