L1 to H1 RFE - URGENT - PLEASE HELP

H

Harikiran

New Member
Hi,

I'm new to this forum. I'm in need of all your advice on my L1 to H1 transfer Issue.

I'm in US since 2005 for Company A on L1. Company B applied for H1(Consular process not L1 to H1 transfer) in Apr'2007 and got approval in Jun'2007. I went Out and came In between Nov'07 and Dec '07 on L1. I continued working for Company A till June 2008. Company A asked me to go back to India continue the project and it left me no other option to switch to H1 for company B. Got a project to work for Company B and Company B premium processed an amendment for L1 to H1 transfer and asked me to join the new project after 2 weeks.

I resigned for Company A and started working for Company B. INS sent an RFE on 24th Jun 08 for the amendment submitted requesting further documentation. Company A responded back on 08 Aug 08. On 19th Aug 2008 USCIS has sent a Denial Notice stating several factors. Company B is preparing to appeal the denial.

Now here are my questions:

1. Can i goto border posts like Canada/Mexico to get my H1 stamped while the appeal process is in progress?
2. If yes, Can i get into US on my L1 (L1 visa valid till 2010) if my Visa is rejected?
3. What are my options if i get a denial for the appeal?
4. Do i need to get out of US and come back with H1 visa stamped? Do i need to goto mother country only to do that?
5. Can my H1 be transferred to a different employer since the sponsored employer amendment request is denied?

Please help. Your advice is greatly appreciated. Thanks for your patience.

Thanks,
HK
 
Hi there,

Thanks for replying. Inspite of submitting all the required documents ( project verification letter, employer details, W2/w3 etc...) listed in RFE, USCIS sent a denial notice. Here is what USCIS concluded in brief:

"USCIS, after reviewing all documentaton submitted in initial filing and in response to the Service RFE must conclude that the petitioner does not qualify as an H-1B employer as they failed to provide evidence to establish that they have sufficient work and resources. The beneficiary is therefore not eligible for the requested H-1B visa because the petitioner is unable or unwilling to provide qualifying employment."

ANy suggestion in this regard is greatly appreciated. Thanks.
 
In your original post, you responded that company A responded to the RFE. Shouldn't it have been company B?

The denial reason is not because of your profile and as expected it was because of company B. It is difficult to accurately determine next steps, especially after USCIS approving the H-1B petition earlier but now denying the COS. Since someone has to look at the petition documentation, it is advisable that your company consult an Attorney, which they might have already done.

For situations such as this one, a somewhat unique case, it would be detrimental if you take any action without consulting an Attorney, especially planning to leave US for any reason.
 
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