H1B transfer Denied - i-485 Applied

F

fmmac

Registered Users (C)
I am working as Senior Programmer/Analyst.

Worked with Company A up until March 31, 2007 (Still not resigned, have told the company will rejoin after a few months. To rejoin I will have to get a project for the company)
Company A EB3 LC approved on Feb 20, 2007 with priority date April 2002
Company A H1B 8th year extension approved valid up to May 1, 2008
Company A I-140 approval pending applied on March 7, 2007

Applied for H1B Transfer to Company B (Receipt date March 15, 2007)
Started working for Company B from April 2, 2007
Company B EB2 Perm LC Approved May 25, 2007
Company B I-140 Approved June 16, 2007
Company B I-485 (along with I-131 and I-765) applied on July 20, 2007 with my wife as my dependent
Company B H1B transfer RFE, responded on July 2, 2007
Company B H1B transfer; Received an email on July 27, 2007 with Current status as “We mailed you a decision”. With this status I presume that the H1B transfer has been denied otherwise they would has sent an email with the Current status as Approved.

Also
On July 20, 2007 my wife (a teacher) also applied for I-485 with myself as dependent.

With my Company B H1B transfer Denied what is my STATUS? Am I out of status? What options do I have?

Someone please advice.
 
fmmac said:
I am working as Senior Programmer/Analyst.

Worked with Company A up until March 31, 2007 (Still not resigned, have told the company will rejoin after a few months. To rejoin I will have to get a project for the company)
Company A EB3 LC approved on Feb 20, 2007 with priority date April 2002
Company A H1B 8th year extension approved valid up to May 1, 2008
Company A I-140 approval pending applied on March 7, 2007

Applied for H1B Transfer to Company B (Receipt date March 15, 2007)
Started working for Company B from April 2, 2007
Company B EB2 Perm LC Approved May 25, 2007
Company B I-140 Approved June 16, 2007
Company B I-485 (along with I-131 and I-765) applied on July 20, 2007 with my wife as my dependent
Company B H1B transfer RFE, responded on July 2, 2007
Company B H1B transfer; Received an email on July 27, 2007 with Current status as “We mailed you a decision”. With this status I presume that the H1B transfer has been denied otherwise they would has sent an email with the Current status as Approved.

Also
On July 20, 2007 my wife (a teacher) also applied for I-485 with myself as dependent.

With my Company B H1B transfer Denied what is my STATUS?
-Pending AOS

Am I out of status?
---Pending AOS (you have two I-485 pending for you one as primary and second as derivative)
What options do I have?
------------you need H1 to work or EAD in hand to work
Someone please advice.
Click to expand...

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Hi ginnu,

Thanks for your quick response. Your response is in line with the response I got from another forum. It helps when we get consistant information from multiple sources.

The premise of my assumption that my H1B may have been denied is that, when an H1B is approved the online case status shows as “Approval Notice Sent”. In my case online case status shows as “We mailed you a decision”

Has anybody got an online case status as “We mailed you a decision” and the actual mailed notice had H1B approved.

Another question. Since my previous company’s (Company A) H1B extension has been approved and is valid till May 2008, in the event of H1B transfer denial, will I be able to work for my previous company till I get the EAD approved and issued.

Please let me know.
 
fmmac said:
Hi ginnu,

Thanks for your quick response. Your response is in line with the response I got from another forum. It helps when we get consistant information from multiple sources.

The premise of my assumption that my H1B may have been denied is that, when an H1B is approved the online case status shows as “Approval Notice Sent”. In my case online case status shows as “We mailed you a decision”

Has anybody got an online case status as “We mailed you a decision” and the actual mailed notice had H1B approved.

Another question.
Since my previous company’s (Company A) H1B extension has been approved and is valid till May 2008, in the event of H1B transfer denial, will I be able to work for my previous company till I get the EAD approved and issued.
--------YES you can work till May 2008 on H1 status and can also file H1 extensions in future based on pending I-485
Please let me know.
Click to expand...
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Ginnu, thanks for your response.

Now I tried the number 1-800-375-5283 to check my status. The recorded message says that my case has been denied.

Now can I appeal my case?

If I can appeal my case, can I work for the same employer (employer B) whose H1B transfer got denied until the appeal process is over?
 
fmmac said:
Ginnu, thanks for your response.

Now I tried the number 1-800-375-5283 to check my status. The recorded message says that my case has been denied.

Now can I appeal my case?
--------------- Do you have the reasons why H1 Transfer is denied? You don’t have at this time. When the lawyer or employer gets denial notice the reason for denial will on the notice and then talk to the lawyer.

If I can appeal my case, can I work for the same employer (employer B) whose H1B transfer got denied until the appeal process is over?
------talk to your lawyer after get denial notice and reasons listed
Click to expand...

---------------------
 
Thanks Ginnu for your prompt responses.

Ok, my H1B transfer to Company B is denied. But I have applied for i-485 throught this company on July 20, 2007. Based on this can I continue working with Company B.

If the above is not possible. How long can I work with company B after I get the denial notice (grace period).

In how much time do I have get on the previous company's (Company A) payroll or initial another transfer.
 
fmmac said:
Thanks Ginnu for your prompt responses.

Ok, my H1B transfer to Company B is denied. But I have applied for i-485 throught this company on July 20, 2007. Based on this can I continue working with Company B.
----------------You need valid EAD in Hand to work with B or B H1 transfer APPROVED
If the above is not possible. How long can I work with company B after I get the denial notice (grace period).
-----------------you should stop the day you get denial notice
In how much time do I have get on the previous company's (Company A)
---------------you should join A soon ( FYI with pending I-485 a person can be without job but at the time of I-485 approval he should not be looking for job)
payroll or initial another transfer
-----------------I dont know the reason of H1 denial if the reason is related to YOUR status or YOUR documents then other H1 transfer may be also rejected. find out the reason fromlawyer/employer once get Denial notice
Click to expand...

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Ginnu in your last post you mentioned “FYI with pending I-485 a person can be without job but at the time of I-485 approval he should not be looking for job”

My I-485 was MAILED on JULY 20, 2007, I still do not have the Receipt Notice, and my H1B transfer was denied on July 27, 2007. Do I still fall in the category of Pending I-485?

If this is true it will put to rest all my worries. Please let me know.
 
I detected the problem/reason for denial. I cross-questioned the attorney(para-legal) who submitted the RFE. He had not submitted one document requested in the RFE.

Excerpt from the the RFE.....
"Location of Employment: The petitioner has indicated on the Form I-129 that the benificiary will be working in Manassas, Virginia. However, the ETA-750, Labor Condition Application, submitted by the petitioner authorizes H-1B employment in Norwalk, CA. Submit additional evidence to show where the benificiary will be working. Additionally, if needed, submit a valid ETA-750 for the benificiary's work location"

Initially when the attorney had submitted Form I-129. The section Part 5 item 5 (Address where the person will work if different from address in Part 1) the attorney had left it blank. Here he should have filled in the California address.

My employer pointed pointed this error to him, so after 10 days he submitted this page with the missing info filled in and the receipt number to USCIS. He has the proof that he had sent this information with the tracking number. He claims that he had sent this information earlier hence he did not sent it along with the RFE. This was foolish of him. He could have any way sent it with the RFE even if it was sent earlier.

Now awaiting the mailed denial notice to reach us.
 
fmmac said:
I detected the problem/reason for denial. I cross-questioned the attorney(para-legal) who submitted the RFE. He had not submitted one document requested in the RFE.

Excerpt from the the RFE.....
"Location of Employment: The petitioner has indicated on the Form I-129 that the benificiary will be working in Manassas, Virginia. However, the ETA-750, Labor Condition Application, submitted by the petitioner authorizes H-1B employment in Norwalk, CA. Submit additional evidence to show where the benificiary will be working. Additionally, if needed, submit a valid ETA-750 for the benificiary's work location"

Initially when the attorney had submitted Form I-129. The section Part 5 item 5 (Address where the person will work if different from address in Part 1) the attorney had left it blank. Here he should have filled in the California address.

My employer pointed pointed this error to him, so after 10 days he submitted this page with the missing info filled in and the receipt number to USCIS. He has the proof that he had sent this information with the tracking number. He claims that he had sent this information earlier hence he did not sent it along with the RFE. This was foolish of him. He could have any way sent it with the RFE even if it was sent earlier.

Now awaiting the mailed denial notice to reach us.
Click to expand...

it is lawyer mistake ask him to get fixed
 
fmmac said:
Ginnu in your last post you mentioned “FYI with pending I-485 a person can be without job but at the time of I-485 approval he should not be looking for job”

My I-485 was MAILED on JULY 20, 2007, I still do not have the Receipt Notice, and my H1B transfer was denied on July 27, 2007.
Do I still fall in the category of Pending I-485?
---------------------------YES
If this is true it will put to rest all my worries. Please let me know.
Click to expand...

--------------- but for work you need EAD in hand or H1 status
 
I have still not received mailed Notice.

Due to oversite two documents were not sent with the REF. I am pretty confident this could be the cause for denial.

Since I have both the documents and it was due to oversite they were not sent with the RFE what are my options.

1) Can I file a Motion-to-Reopen and provide the doucments left out. IN THIS CASE CAN I CONTINUE WORKING WITH COMPANY B

2) Can I REAPPLY for H1B transfer with Company B. If reapply is possible, which paystubs should I provide. I have paystubs of Company A up until I joined Company B, as well as paystubs of Company B since I applied for H1B transfer.

Please let me know.

Thanks!
 
Finally I got the reason for denial

The reason H1B transfer got denied is.

The employer-employee relationship was established after the petition was filed.

H1B transfer receipt date March 15, 2007
Employer-employee contract signed on March 29, 2007

I have also been asked to leave US within a period of 30 days.

Guys please help! Advice!
 
fmmac said:
Finally I got the reason for denial

The reason H1B transfer got denied is.

The employer-employee relationship was established after the petition was filed.

H1B transfer receipt date March 15, 2007
Employer-employee contract signed on March 29, 2007

I have also been asked to leave US within a period of 30 days.

Guys please help! Advice!
Click to expand...

But your I-485 was MAILED on JULY 20, 2007 and you are in AOS pending status for more details you need to take advice from good lawyer
 
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