Jim ..Please help

G

gctry

Registered Users (C)
Hi Jim and other Gurus ,
I am in a strange situation... My visa revalidation was refused in St.louis and they asked me to attend in my home country . I don\'t want to attend in India due to the situation now , Is there any way that I can convince the department here and get it revalidated. Can Senators help us in any way regarding our Visa issues ?

Please let me know.
 
Why did they refuse revalidation

If it\'s because you did not send the correct payment it\'s easy but if the stamping was refused because your passport does not have a visa stamp with the identical status it\'s impossible. Without knowing why the stamping (revalidation) was denied it is not possible to say what can be done.

Why do you need a stamp anyway?

Jim
 
Because of the employer....

Thank you Jim.....
My employer brought me without telling me that his situation in 1999 was very bad and he had some issues with the INS then.
When the visa was issued in Nov\'1998 the H1 was fine and the employer also didn\'t have any problems here ,He had problems with the INS just before I landed in US in Mar\'1999. Probably this might be the reason why they refused my visa and asked me to go to India. When I called washington and enquired about it they told me that I landed her with Invalid visa( I think they meant H1B)......,,
Since then(mar\'1999) I had no problems in changing companies and getting new H1\'s, I only knew about this when I sent my passport for revalidation in 2001.
Please advise me what can I do to get out of this ?

Thanks for your help.
 
Confused Please Help Anyone

Confused Please Help Anyone

Talked to people at St louis. Told me mine case was one of 300 held back due to Anthrax. They told me to get the visa stamped at post I need either a certified copies of my H1-B approval notice or the originals. As the originals were sent to DOS, they told me my only option is to get a new notice from INS !!!

Has any one any experience in getting one from INS and how much time does it take? What forms to fill?

Please help I need to travel to INDIA to attend my Sister-In law\'s marriage
My wife and kid are in the same boat...

Thanks in advance.....

Confused in Ohio
 
gctry

I think you\'re going to need to speak to an attorney on this who is more familiar with ALL the facts. Something unusual is going on and it would be very difficult to figure out what it is in this forum.

You can always just stay put as long as you have a valid I-94. You do not need a valid visa stamp as long as you do not travel internationally.

Jim
 
Thank you very much Jim!

I spoke to attorney\'s about this but nobody advised me to go to India for stamping. I wanted to know whether senators can help in such matters.
Please let me know.

Thanks
 
Stereotype case

Hi,
My H1 Visa extension is been rejected after a long time taken by INS in processing. It is strange as I have been working in this country for past 3 years and I applied for my first extension, after three years.
Now my employer says I need to leave the country in 14 days.
Is there any way I can apply back, appeal as at present I see a fine career for myself here. And doesn\'t want to leave.
Thanks
 
First H1 Extension rejected

Jim,
Situation: First H1 extension rejected though the original ( for three years ), didn\'t had any problems getting approved. I am on the payroll of same company since day one of my original H1. Worked for them all through three years. The company says they are going to appeal, re-apply etc.
My company says I have to leave the country in 14 days.
I am a well qualified professional, and hope I have good career to pursue. Don\'t want to leave the country.
Questions :
1. Is it possible to appeal against this rejection?
2. If appeal is been made can I work for the company and be on status?
3. How much time does appeeal takes?
4. Can H1 extension be re-applied after rejection?
5. In case if I have to leave the country what papers should I ask for from the company, if I have to re-apply for H1 Visa from a different company in India?
 
Petition denied

Jim,
The exact reason behind the petition denied is yet unknown to me.
I am contacting my company to get the reason.
But my company is not shutting down. My Labor for GC is under approval.
INS asked for additional information after 5 months of processing which my company provided.
Again after 4 months of processing INS send the rejection notice.
 
Layoffs in the company

Even though I have not seen this as yet. But has your company had a lot of layoffs and also what is the Financial situation of the company. That can make a difference in approvals etc. I would recommend to get proper info from your lawyers on these matters.
 
Layoffs unknown

I am not very sure of number of layoffs/financial status in the company. As my company is basically a consulting company. But for sure many other GC are getting through the company, and in my case too things are fine, I was never on bench other then for a week during last year. As per my company other H1\'s are also in processing and getting through.
As per proper info from lawyers, I don\'t have adequate papers to go to lawyer, not even the rejection letter, which I have aske from the company.
Or can I go to lawyer without paper work, just with my CASE/WAC number?
 
Attorney\'s help

Do I have the legal right to talk to the Company\'s Attorney who filed my H1 extension?
I have been looking forward from some logical response from my company but I not getting it.
 
Petition denied due to

Hi Jim,
The reason as told by my company is while my H1 extesnion was filed, the client which I was working with had done many layoffs, so the extension was denied. It doesn\'t seem logical to me. Can it be the case?
Secondly I am deprived of talking to Attorney as well as to look to the rejection letter. Do I as an employee have any legal right over seeing the rejection letter or talk to company\'s attorney about the case?
 
No Title

Dear Munin:
I had a rejection for the H1 too. My case is sent to appeal office in DC on September and still no answer. As you can see it takes a long time, BUT since you are appealing YOU are not out of status, thus it gives you extra time either to work with the current company or "look for a new job". Unfortunately I am not an expert on this era, so do not take my experience as a legal advice.
Josh
 
Doesn\'t sound right to me

I\'m not saying it\'s not true but I\'ve never seen or heard of a denial for that reason. If your employer is H-1 dependant they need to make attestations on the LCA that they (and the client) will not displace US workers with H-1 workers. If the client is terminating US workers in similar positions it is possible that INS would deny the petition but I have never heard of this. I think it is more likely that the company withdrew the petition because they did not want to make these attestations, of course this is pure speculation on my part.

The H-1 petition is technically the company\'s filing and they are under no obligation that I am aware of to provide you with any information regarding the denial. The attorney represents the company and if the company instructs the attorney not to speak to you regarding the case the attorney absolutely should not speak to you at all. I realize this leaves you in a real bind but all I can suggest is to stop worrying about it, the case has been denied (or withdrawn) and that leaves you out of status. You need to either leave the US or get into another status ASAP.

Sorry for the bad news. Speak to an attorney to determine your options.

Jim
 
Appeal does NOT stop you from being unlawfully prsent!

See the Question and Answer below from Carl Shusterman\'s website at: http://www.shusterman.com/uphypos.html
 
****QUESTION****
(4) H-1B visaholder applies for an extension of stay on
    September 1, 1999. She departs the U.S. on November
    1, 1999 while the petition is pending.
        
       (4B) What if client’s H-1B petition is denied on
           January 15, 2000, and her employer retains you
           to appeal the denial to the Administrative Appeals
           Office?

****ANSWER****
(4) Per Michael Pearson memo dated March 3, 2000, submitting
    a timely-filed, non-frivolous application for an extension
    or change of status tolls the period of unlawful status.

(4B) Appealing the denial of a petition does not toll the period
     of unlawful presence. Therefore, unless your appeal is
     successful, you may subject your client to the 3 and the
     10-year bars by appealing to the AAO. Be prepared to file
     a mandamus action.

NOTE FROM JIM: Unless you are independently wealthy you probably want to avoid the mandamus action. It\'s a federal court case and appearances in federal court are not cheap.

Jim
 
Denial reason and options

Can a company withdrew from the petition in mid?
Or is it that, that company was unable to provide essential documentation to INS?
And can I get fresh H1 filed, immediately? Without leaving the country?
Or will it be essential to leave, before H1 is filed?
 
You still haven\'t said why the petition was denied

Can a company withdrew from the petition in mid?

Yes, it is the company\'s petition and they are free to cancel it.
Or is it that, that company was unable to provide essential documentation to INS?

It could be this too. Failure to respond to an RFE causes cancellation.

And can I get fresh H1 filed, immediately?

Sure, the question is will it be approved and that is a question I cannot answer without knowing why the other petition was denied.

Without leaving the country?

You can apply any time you like but to obtain H-1 status you will need to leave the country and reenter unless INS approves a "transfer" or change of status petition.

Or will it be essential to leave, before H1 is filed?

Not before it is filed.

Jim
 
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