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Thread: H1B amendment Denied after RFE, what's next ?

  1. #1

    H1B amendment Denied after RFE, what's next ?

    Hi,

    My H1 amendment got denied yesterday because my employer failed to prove Employer employer relationship. I work for a consulting firm A, have vendor B who is associated with Accenture that works for Client C. Since Accenture/Client C don't have policy of providing end-client letter, I was unable to provide relationship between Accenture and Client C that caused denial of my H1 amendment. But I have provided badge/ID and email interactions with client C during RFE stage. Now my denial says that I have to either appeal/leave US before my I-94 expires (May 29th is my I-94 expiry date.) Now my consulting firm says there are less chances that my amendment approves after appeal.

    My question is, what are the possible ways for me to stay legal in US and keep my h1 status active ?

    Any suggestions are highly appreciated.

  2. #2
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  3. #3
    Ooops... I am in the same stage as yours.... I too provided my ID badge as to prove my employer - client relationship... my case is still in the received stage for a month..... how long did it take to get an RFE ? is there anyway we can establish a Timesheet as the proof ?

  4. #4
    Actually My situation is I work for an Employer A who is associated with Vendor B(L&T) and I am working at my vendor's client location.... I have provided USCIS with a letter from my vendor and the ID badge..... should this be fine or I am too going to get RFE ?

    Also please answer me this question: The I94 date you are talking about is on your I797 form right ?

    My advice to you would be find an employer quick or change your client location...its ok if you stay a week extra without any status,but do it as quick as possible.

  5. #5
    Quote Originally Posted by sandehos View Post
    Hi,

    My H1 amendment got denied yesterday because my employer failed to prove Employer employer relationship. I work for a consulting firm A, have vendor B who is associated with Accenture that works for Client C. Since Accenture/Client C don't have policy of providing end-client letter, I was unable to provide relationship between Accenture and Client C that caused denial of my H1 amendment. But I have provided badge/ID and email interactions with client C during RFE stage. Now my denial says that I have to either appeal/leave US before my I-94 expires (May 29th is my I-94 expiry date.) Now my consulting firm says there are less chances that my amendment approves after appeal.

    My question is, what are the possible ways for me to stay legal in US and keep my h1 status active ?

    Any suggestions are highly appreciated.
    Go see an attorney immediately. Your status and ability to work and stay in the U.S. is in jeopardy – pay $100 to speak with attorney to discuss your options. Technically, if the amendment is denied, the underlying petition is still valid. If you are still working for the old client or in old location, you can simply file an extension to extend your current H-1B. If you cannot do that, then you are out of status unless your employer is willing to file a Motion to Reopen. In the meantime, you can also see if you can find new employment with another company.

  6. #6
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  7. #7
    Quote Originally Posted by kendallguy View Post
    Ooops... I am in the same stage as yours.... I too provided my ID badge as to prove my employer - client relationship... my case is still in the received stage for a month..... how long did it take to get an RFE ? is there anyway we can establish a Timesheet as the proof ?
    Hi Kendallguy: Thanks for your reply. It took 60 days for me to get RFE from USCIS. I provided Timesheets as proof but it didn't work for me. I hope it depends on caseManager at USCIS who'll be handling your case. Good Luck!

  8. #8
    Hi LisaAnderson,

    Thanks for your reply, I spoke to Attorney and he said I am in unlawful non-immigrant status now and US Govt will not consider as violation until 180 day period. Now my employer has a inhouse project and will be filing a new H1 amendment petition which he thinks it'll be approved, so I'll be back to legal status. Is it okay for me to be with my employer and work for his inhouse project ? or you suggest me to change my employer itself ?

    Appreciate your time and help.

  9. #9
    Quote Originally Posted by sandehos View Post
    Hi LisaAnderson,

    Thanks for your reply, I spoke to Attorney and he said I am in unlawful non-immigrant status now and US Govt will not consider as violation until 180 day period. Now my employer has a inhouse project and will be filing a new H1 amendment petition which he thinks it'll be approved, so I'll be back to legal status. Is it okay for me to be with my employer and work for his inhouse project ? or you suggest me to change my employer itself ?

    Appreciate your time and help.
    You need to follow the advice of an attorney. If the attorney you saw is the employer’s attorney, go see your own attorney and get an independent opinion. If you are not currently working, you are out of status and an amendment with extension will not necessarily be approved.

  10. #10
    Try h1 transfer.

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