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H1 Denied due to travel when petition in progress

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  • H1 Denied due to travel when petition in progress

    HI,

    I am currently employed with Company A on L1B. I had my L1 extended mid April this year in Mexico and currently have a valid L1 Visa, Petition(I129) & I94 until April 2017. Company B applied for my H1B(premium processing) this year on April and it was picked from lottery and was under processing.
    Now my issue...
    I had travelled twice after the application of H1B petition. Once, to Mexico for my L1B extension. Company B was made aware of it. second, due to an family emergency(Someone in my family had a life threatening emergency and I had to be in India to manage things). I was in India for 5 days, the 3rd week of May this year. I failed to mention this travel to Company B.

    My H1 has been denied because of my travel (particularly to India.)

    Would filing a MTR help?
    How would this denied H1B impact my future applications? Company A may file for H1B next year. Should one not travel while a H1B petition is in progress?
    Also please let me know if there is any impact to my current status, as is my L1B looks good.

    Note: H1B was applied for Consular Processing.. (assuming I would be in US while the petition in progress). My current I94 is valid till April 2017.

    Kindly let me know if any additional information is required and really would appreciate any inputs.

    Thanks and Regards
    Distraught guy

  • #2
    Originally posted by desolate View Post
    HI,

    I am currently employed with Company A on L1B. I had my L1 extended mid April this year in Mexico and currently have a valid L1 Visa, Petition(I129) & I94 until April 2017. Company B applied for my H1B(premium processing) this year on April and it was picked from lottery and was under processing.
    Now my issue...
    I had travelled twice after the application of H1B petition. Once, to Mexico for my L1B extension. Company B was made aware of it. second, due to an family emergency(Someone in my family had a life threatening emergency and I had to be in India to manage things). I was in India for 5 days, the 3rd week of May this year. I failed to mention this travel to Company B.

    My H1 has been denied because of my travel (particularly to India.)

    Would filing a MTR help?
    How would this denied H1B impact my future applications? Company A may file for H1B next year. Should one not travel while a H1B petition is in progress?
    Also please let me know if there is any impact to my current status, as is my L1B looks good.

    Note: H1B was applied for Consular Processing.. (assuming I would be in US while the petition in progress). My current I94 is valid till April 2017.

    Kindly let me know if any additional information is required and really would appreciate any inputs.

    Thanks and Regards
    Distraught guy
    Seems your H1 was applied as Change Of Status, not consular process. Consular process is generally when one is expected to be out of US.

    Are you sure the petition was denied? Normally the petition gets approved but a Change of Status is denied because of travel while COS is pending.

    Petition denial happens normally for false info or misrepresentation or fraud not because of a genuine need to travel.

    If your petition is approved but COS is denied, you can always go out of US, go for H1 stamping and return on H1 visa.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Seems your H1 was applied as Change Of Status, not consular process. Consular process is generally when one is expected to be out of US.

      Are you sure the petition was denied? Normally the petition gets approved but a Change of Status is denied because of travel while COS is pending.

      Petition denial happens normally for false info or misrepresentation or fraud not because of a genuine need to travel.

      If your petition is approved but COS is denied, you can always go out of US, go for H1 stamping and return on H1 visa.

      This is my opinion not legal advice.

      The USCIS site shows status as DENIED. The Employer from Company B says the denial was because I went of the country in May. Are there any specifics I can ask my to be employer?

      Comment


      • #4
        Something is missing, its somehow not convincing enough for me that H1 petition was denied because the employee left US during COS. Did you pay for your H1?

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          Something is missing, its somehow not convincing enough for me that H1 petition was denied because the employee left US during COS. Did you pay for your H1?

          This is my opinion not legal advice.
          Could it be something to do with my I94 changing?
          Prior to travel my I94 was valid until July 2015 (My passport expires then). Upon re-entry the I94 validity is April 2017.

          Prior to Denial the status was Request for Evidence.
          Yes I did bear a percentage of the expenses.

          Comment


          • #6
            h1b denial after rfe states employee left country

            Am in the same situation now my h1 b denial notice after rfe came to my employer stating that the reason is I left the country.

            I was in US under L1 b visa and another employer applied for h1b this year. In between my L1 expired August 2014 hence I moved to india July 2014. My eye request was submitted in August and deniel notice came end of October.
            Last edited by rhtym17; 11-19-2014, 11:14 PM.

            Comment


            • #7
              Was this issue fixed?

              Did your H1b get approved upon filing MTR??

              Comment

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