maverick_eagle
New Member
Hello,
I'm in a very difficult situation and I need suggestions. I got my H1B approved in October 2007 for employer A. I applied for transfer form Employer A to Employer B. My request for transfer was filed on 22nd February 2008 and I started working with company B from 25th February 2008 for their client. However on May 6th I got an RFE asking for the verification of contract from the client side and was given July 29th 2008 to respond. My employer sent the requested documents (including client letter detailing the start and end date and my responsibilities) on 23rd June.
However on July 14th USCIS sent a denial notice by using the rule 8 C.F.R 103.2.b.(13). The rule states that because the petitioner didn’t respond within the allotted time, the petition is being considered abandoned. However the last date to respond was July29th and they sent the denial letter on 14th July itself!
My employer again sent the documents on 23rd July with previous receipts of delivery. Today he filed the request for motion to open. From the evidence it is clearly the mistake of USCIS since they sent the denial notice even before the response date expired
My question is
1) Has anybody gone through this and got approved?
2) How fast does this kind of issue get resolved
3) Can I continue working? Or I’m out of status and I have to change my status to H4.
4) I was planning to stamp my VISA in December 2008 in India. Will this issue be a problem in my stamping?
Any response will be greatly appreciated. Thank you for your time!
I'm in a very difficult situation and I need suggestions. I got my H1B approved in October 2007 for employer A. I applied for transfer form Employer A to Employer B. My request for transfer was filed on 22nd February 2008 and I started working with company B from 25th February 2008 for their client. However on May 6th I got an RFE asking for the verification of contract from the client side and was given July 29th 2008 to respond. My employer sent the requested documents (including client letter detailing the start and end date and my responsibilities) on 23rd June.
However on July 14th USCIS sent a denial notice by using the rule 8 C.F.R 103.2.b.(13). The rule states that because the petitioner didn’t respond within the allotted time, the petition is being considered abandoned. However the last date to respond was July29th and they sent the denial letter on 14th July itself!
My employer again sent the documents on 23rd July with previous receipts of delivery. Today he filed the request for motion to open. From the evidence it is clearly the mistake of USCIS since they sent the denial notice even before the response date expired
My question is
1) Has anybody gone through this and got approved?
2) How fast does this kind of issue get resolved
3) Can I continue working? Or I’m out of status and I have to change my status to H4.
4) I was planning to stamp my VISA in December 2008 in India. Will this issue be a problem in my stamping?
Any response will be greatly appreciated. Thank you for your time!
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