H1B Extension for 3 Years after 6th Year with I40 Approval - Denied Notice

S

sekharpn

Registered Users (C)
Hi

My H1B expired on May 18th

1. I applied for premium process for H1B 3 year extension with I140 approval on April 28th 2009
2. I received an Employe Employer Relation ship RFE
3. Company responded to the RFE
4.I Received a denial email...Yet to get the letter for details



Some Facts
1. Working for same employer and being paid regularly for past 5 years
2. Amount paid is 2+ times more than what has been filed
3. Able to generate decent revenew for company.
4. Company is in Midwest and I am currently doing contracting for past 3 years and being paid regular salary+ expenses
5. Paid even inbetween contracts...No gap at all.

Questions:

1. I know I can appeal based on denial notice.Am I out of status even If I appeal to denial notice?
2.What happens to my GC process and I140 since I am not eleigible for I485+EAD due to priority dates?


Reference status mails

I140 Approval

Current Status: Approval notice sent.
On March 25, 2009, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.


H1B Denial Notice

Current Status: Denial Notice Sent
On June 15, 2009, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days from June 15, 2009, please call customer service at 1-800-375-5283 for further assistance.



Appreciate your suggestions and advice to get out of this situation without getting out of status
 
I am also close to your situation. I am in RFE stage now. I lost job one month back. I found new job. I am waiting to receive RFE notice. Even I want to know all options.
 
Hi Sekharpn,

Was your RFE for client letter..were you able to provide the same?
I believe you can do a MTR...do let us know how it goes...
 
Received the letter after 14 days if denial.Not yet seen but talked to my employer.

It seems to point to

Who controls the consultant work? By which every IT Consultant will be effected. How do yopu circumvent this

They have submitted all project contracts(They did not ask any client letters)
Pay stubs
Tax papers W2 and Returns
Nature of work I Do
Project or Product contracts with no association of specific employee
and other related documents of employer


Planning for appeal with below documentation

1. LCA providing relation ship between the title their and my resume title
2.Time sheet
3.Company HR process controlling nature of work
4.Substantiate my in house work when out of projects

Suggest any other documents which wld be useful in this case

What are the documents required in this case

How long will I be legal to be in US....30 days from receipt of Denial letter or from the date of denial.

Currently I am on Voluntary leave due to denial.


Regards
Sekhar
 
Last edited by a moderator:
I wonder what triggered USCIS to question the Employee Employer relationship? Does your company has proper office space, Does your emplooyer has any other staff other than IT consultants who generate income.

Just trying to gestimate on what USCIS is looking after in these cases and what is triggering such RFE's. I have not heard them before.
 
Company is in Omaha
I am located in PA since my wife works here
I travel with PA as base in East coast for consulting work
Company has about 700 employees all over US
Company has projects in omaha and allover US
 
It does look like, the process of approval for H-1B has changed, I don't know if the underlying law changed, but it loooks like USCIS is tightening up all their loop holes in case of H-1B if any.

sekharpn said:
Company is in Omaha
I am located in PA since my wife works here
I travel with PA as base in East coast for consulting work
Company has about 700 employees all over US
Company has projects in omaha and allover US
Click to expand...
 
My company is appealing on H1B denial. MTR filed

1. Am I leagal to stay 180 days after filing MTR?

Meanwhile I am applying for L2 visa based on my wifes L1 Status.

1. What is the impact on my current appeal?

2. How do I apply for EAD after getting L2 visa?

Thanks in advance
 
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