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rajiv75

Registered Users (C)
Hello All,

Please Help,

My Situation:

1) Came to USA on F1 visa Jan 2004 Converted to H1b on Oct 2006.
2) Worked with One Consulting company from July 2006 to Oct 2007.
3) Transferred H1b from consulting to direct company-A on Nov 2007.
4) Worked with Company-A from Nov 2007 to July 2009 also got I-140 approved.
5) Company-A laid me off on July 2009 and gave severance package for 2 month and told me that they will hold my H1B till Oct 31st.
6) But they revoked my H1B on Aug 7th 2009(Without notifying me), I wasn't knowing about it and was busy searching job.
7) On Sept 2009 I got offer from Company-B, but due to budget issue they can't do my H1 transfer as they couldn't pay as per LCA rules.
8) As this was my only hope then I contacted one Consulting Company and they initiated my H1B transfer Nov 19th 2009.
9) on Dec 30th We receive RFE (W2 for last 2 years, All paystub from Jan 2009, Income tax return for last 2 years and Client letter stating all my responsibilities.) We submitted all docs required on 12th Feb.
10) My Case was Denied on 9th of March - Explaining that My H1b was revoked on 7th of Aug 2009 and I was not in Legal status when petition was filled.

Recent Development:

A) Company-B is doing fine and they don't have budget issue any more. They want to do my H1b transfer.



I don't know what are my options, Please help me,



Thanks,
 
rajiv75 said:
Hello All,

Please Help,

My Situation:

1) Came to USA on F1 visa Jan 2004 Converted to H1b on Oct 2006.
2) Worked with One Consulting company from July 2006 to Oct 2007.
3) Transferred H1b from consulting to direct company-A on Nov 2007.
4) Worked with Company-A from Nov 2007 to July 2009 also got I-140 approved.
5) Company-A laid me off on July 2009 and gave severance package for 2 month and told me that they will hold my H1B till Oct 31st.
6) But they revoked my H1B on Aug 7th 2009(Without notifying me), I wasn't knowing about it and was busy searching job.
7) On Sept 2009 I got offer from Company-B, but due to budget issue they can't do my H1 transfer as they couldn't pay as per LCA rules.
8) As this was my only hope then I contacted one Consulting Company and they initiated my H1B transfer Nov 19th 2009.
9) on Dec 30th We receive RFE (W2 for last 2 years, All paystub from Jan 2009, Income tax return for last 2 years and Client letter stating all my responsibilities.) We submitted all docs required on 12th Feb.
10) My Case was Denied on 9th of March - Explaining that My H1b was revoked on 7th of Aug 2009 and I was not in Legal status when petition was filled.
---------------USCIS is correct as you were not on Valid status when H1 transfer petition was filled.
Recent Development:

A) Company-B is doing fine and they don't have budget issue any more. They want to do my H1b transfer.
----------You are not on valid H1 status if they file H1 Transfer for you it will be denied.

I don't know what are my options, Please help me,
-------Go out of US and let B file Fresh H1 for you , once your H1 gets approved then get H1 visa stamp and come to US if B has job for you. I dont see any other option for your situation.
Thanks,
Click to expand...
------------- keep the copy of I-140 approval notice or I-140 filing reciept it can be used to recapture the early PD when second time I-140 is filed.
 
I don't know what are my options, Please help me,
-------Go out of US and let B file Fresh H1 for you , once your H1 gets approved then get H1 visa stamp and come to US if B has job for you. I dont see any other option for your situation.

Thanks ginnu for advice, I really appreciate it.

So one thing I have to ask you, Should I ask my new employer to file new H1 or H1 transfer. And should I let them know that my H1 was revoked and H1 transfer filled by consulting company has been denied...... Will my H1 be quota exempt or.... Please advice...

Thanks in Advance
 
rajiv75 said:
I don't know what are my options, Please help me,
-------Go out of US and let B file Fresh H1 for you , once your H1 gets approved then get H1 visa stamp and come to US if B has job for you. I dont see any other option for your situation.

Thanks ginnu for advice, I really appreciate it.

So one thing I have to ask you, Should I ask my new employer to file new H1 or H1 transfer.
--------Fresh/New H1.H1 transfer can only be filed if one is on Valid H1 status and you are NOT on Valid H1 status.
And should I let them know that my H1 was revoked and H1 transfer filled by consulting company has been denied......
--------Yes.
Will my H1 be quota exempt or.... Please advice...
----quota exempt
Thanks in Advance
Click to expand...
----------------------------
 
Will my H1 be quota exempt or.... Please advice...
----quota exempt

So one more question....

If my employer file for Fresh H1B in Premium Process and Meanwhile I leave USA and we get H1B approval. Do I have to wait till Oct to return back to US or I can join my employer as soon as H1 is approved.

I have 2.5 Years left on my current H1B.

Thanks ginnu for help,
 
rajiv75 said:
Will my H1 be quota exempt or.... Please advice...
----quota exempt

So one more question....

If my employer file for Fresh H1B in Premium Process and Meanwhile I leave USA and we get H1B approval. Do I have to wait till Oct to return back to US or I can join my employer as soon as H1 is approved.

I have 2.5 Years left on my current H1B.
------------------all depends on LCA filed by employer and duration of H1 asked in petition and start date. you can join once get H1 approval and get H1 visa to come back to US. you must talk to new company lawyer and clear your questions. Leave US so that employer can file Fresh H1 for you.
Thanks ginnu for help,
Click to expand...
----------------------------
 
------------------all depends on LCA filed by employer and duration of H1 asked in petition and start date. you can join once get H1 approval and get H1 visa to come back to US. you must talk to new company lawyer and clear your questions. Leave US so that employer can file Fresh H1 for you.

Do i have to leave US, So my employer can file new H1B or can my new employer can file for H1 transfer and once approved I can go for consular processing and get H1b stamped.... Is there any way I can stay here and wait for approval or denial decision...
 
rajiv75 said:
------------------all depends on LCA filed by employer and duration of H1 asked in petition and start date. you can join once get H1 approval and get H1 visa to come back to US. you must talk to new company lawyer and clear your questions. Leave US so that employer can file Fresh H1 for you.

Do i have to leave US, So my employer can file new H1B or can my new employer can file for H1 transfer and once approved I can go for consular processing and get H1b stamped.... Is there any way I can stay here and wait for approval or denial decision...
Click to expand...
You DO NOT have any status at this time to stay in US. New employer Cant file for a person who is out of status and staying illegaly in US. Go out................
Dont expect reply from me. Chipku aur Pakauu type key lagtey hoo. Go to your new company lawyer for your options.
 
You DO NOT have any status at this time to stay in US. New employer Cant file for a person who is out of status and staying illegaly in US. Go out................
Dont expect reply from me. Chipku aur Pakauu type key lagtey hoo. Go to your new company lawyer for your options.


Thanks Ginnu... I really appreciate your reply...I thought we are here to help with advice if we can...Not to make fun of ones situation.... Anyways....Thanks to all those who helped me...
 
rajiv75 said:
You DO NOT have any status at this time to stay in US. New employer Cant file for a person who is out of status and staying illegaly in US. Go out................
Dont expect reply from me. Chipku aur Pakauu type key lagtey hoo. Go to your new company lawyer for your options.


Thanks Ginnu... I really appreciate your reply...I thought we are here to help with advice if we can...Not to make fun of ones situation.... Anyways....Thanks to all those who helped me...
Click to expand...

Dear, I have not made fun of your situation. I always try to help according to ones situation. Wishing you all the best and Good Luck!!
 
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