H1B amendment Denied after RFE, what's next ?

[sandehos]

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.

[DesiOPT-FaceBook-Admin]

Your question will be reviewed by our moderator and posted on our wall at http://www.facebook.com/desiopt1 within 24-72 hours please follow the post and forum.
*** Don't Miss Important Topics, Subscribe to our Newsletter at http://bit.ly/1da2vrz ***
If you feel this community is useful, please invite your friends by following below steps
1. Goto http://facebook.com/desiopt1
2. Find "Suggest DesiOPT.com to Your Friends" - Click on "See All" and Invite your friends
3. If you can't find the link, refer http://bit.ly/16CAYOb

In addition to the readers comments, You can also call attorneys for free advice. DesiOPT is collaborating with group of attorneys. You can contact them directly via email/ phone. Initial Consult is Free.

Their information is listed on http://desiopt.com/ home page.
we are providing direct links as well, please let us know your feedback after the call

http://www.desiopt.com/index.php?show_emp=1213

http://www.desiopt.com/index.php?show_emp=3648

http://www.desiopt.com/index.php?show_emp=3561

http://www.desiopt.com/index.php?show_emp=4297

Thanks

https://Www.DesiOPT.com

Disclaimer: http://bit.ly/163AglR

[kendallguy]

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 ?

[kendallguy]

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.

[lisaanderson]

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.

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on April 22nd- Please review comments from other users.

[sandehos]

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!

[sandehos]

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.

[lisaanderson]

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.

[DesiOPT-FaceBook-Fan]

Try h1 transfer.

[DesiOPT-FaceBook-Fan]

try all the options keep it as last option take admission in a university that gives cpt from day 1

[DesiOPT-FaceBook-Fan]

client letter consequences

[DesiOPT-FaceBook-Fan]

Ask Accenture for SOW or mass agreement with client C

[DesiOPT-FaceBook-Fan]

Transfer your h1b application with any other employer with in 10 days. I just came out of that situation.

[lingala.rakeshreddy]

Hi , I have few questions rearding h1b ammendment so can you please contact reply me