Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B Transfer Approved But Extension Denied

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B Transfer Approved But Extension Denied

    Hello Expert,

    I was on L1 status from 03/2011 to June 2015 (actual time lived in US was about 3.5 years)
    moved to H1B Status in June 2015. Joined company and started working with them and was maintaining H1B status (Have pay slips)
    H1B and I-94 came is valid till 03/2018
    (total time lived in Status before transfer about 4 years)
    Did H1B transfer and not sure why attorney asked for transfer and extension. Didn't got RFE or anything
    H1B transfer approved till 12/2017 but extension is denied. I am not sure yet why extension is denied.
    Is there way we can challenge USCIS as I am maintaining my status correctly and there is no need of extension.

  • #2
    Have you already started working for the employer who filed the transfer? Did you leave the country while the transfer is in progress? Get a copy of your form I-129 and check to see of the employer filed the petition for consular process.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Have you already started working for the employer who filed the transfer? Did you leave the country while the transfer is in progress? Get a copy of your form I-129 and check to see of the employer filed the petition for consular process.
      No I have not started working for employer who filed the transfer.
      Transfer was filed on Nov 23, 2015 and got approved on Nov 30, 2015, During this time (Since June 2015) I was working on H1B status
      I didn't left country since 2014. I was in country and didn't go out side on or before or during h1B transfer.

      Comment


      • #4
        Well, if you are still working for Company A and if you have not worked for company B, then employer B can file an amendment petition to convert their consular process approval to a transfer (to get a new I-94 with the approval). It is good that you did not join them based on the receipt notice. Not sure why your petition got approved for CP while you have maintained your H1B status correctly and since you did not leave the country while the petition is under progress. Like I said, get a copy of form I-129 and see if by mistake the attorney requested for CP.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          Well, if you are still working for Company A and if you have not worked for company B, then employer B can file an amendment petition to convert their consular process approval to a transfer (to get a new I-94 with the approval). It is good that you did not join them based on the receipt notice. Not sure why your petition got approved for CP while you have maintained your H1B status correctly and since you did not leave the country while the petition is under progress. Like I said, get a copy of form I-129 and see if by mistake the attorney requested for CP.
          I looked at I-129 and it was filed correctly. We received notice saying that "I am not physically present in US during the filling period that is why Extension of Stay denied" which is not true.

          Mine was PP, so after getting notice, attorney sent email to premium processing unit and along with that we sent some additional document to prove I am in US and never left since 06/2014.
          After 2 days we called premium processing unit and they confirmed the receipt of email, they downloaded all document and attached to case and sent to supervisor to take action. As per premium processing unit, supervisor will reply within week time.
          Will update entire story once I get reply.

          Comment


          • #6
            If it is their mistake, then they will fix it for free.

            Originally posted by vishal27580 View Post
            I looked at I-129 and it was filed correctly. We received notice saying that "I am not physically present in US during the filling period that is why Extension of Stay denied" which is not true.

            Mine was PP, so after getting notice, attorney sent email to premium processing unit and along with that we sent some additional document to prove I am in US and never left since 06/2014.
            After 2 days we called premium processing unit and they confirmed the receipt of email, they downloaded all document and attached to case and sent to supervisor to take action. As per premium processing unit, supervisor will reply within week time.
            Will update entire story once I get reply.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Originally posted by shervin143 View Post
              If it is their mistake, then they will fix it for free.
              I got email from USCIS "
              "U. S. Citizenship & Immigration Services (USCIS) has corrected the error on your approval notice and in our systems and we have sent a corrected copy of the notice via regular mail. Please allow 7-10 days for notice delivery. We apologize for the error on your notice and any inconvenience it may have caused you."

              Comment


              • #8
                How long this whole process took

                Originally posted by vishal27580 View Post
                I got email from USCIS "
                "U. S. Citizenship & Immigration Services (USCIS) has corrected the error on your approval notice and in our systems and we have sent a corrected copy of the notice via regular mail. Please allow 7-10 days for notice delivery. We apologize for the error on your notice and any inconvenience it may have caused you."

                How long this whole process took. I have the same situation but my visa petition wasn't file under PP but even though the information as in why it got denied doesn't make sense as i was in the country the whole time.

                Comment


                • #9
                  Originally posted by ak47abhishek View Post
                  How long this whole process took. I have the same situation but my visa petition wasn't file under PP but even though the information as in why it got denied doesn't make sense as i was in the country the whole time.
                  Whole thing took about 10 working days.
                  But if you are not in PP process then you got to go for stamping

                  Comment


                  • #10
                    information about the lawyer

                    Originally posted by vishal27580 View Post
                    Whole thing took about 10 working days.
                    But if you are not in PP process then you got to go for stamping
                    Can you please provide me with contact information of your lawyer? I would like get his opinion and go on with my process. As per the letter i can file a motion to reconsider/reopen but i would like to know which is good and how soon i can get resolved. I can expedite my case on the basis of USCIS error.

                    Let me know if you could help me getting in tough with your lawyer also if you could provide me with you number i can directly talk to you in this matter.

                    Also do you have any H4 dependent on you.
                    Last edited by ak47abhishek; 12-30-2015, 09:36 AM.

                    Comment


                    • #11
                      Originally posted by ak47abhishek View Post
                      Can you please provide me with contact information of your lawyer? I would like get his opinion and go on with my process. As per the letter i can file a motion to reconsider/reopen but i would like to know which is good and how soon i can get resolved. I can expedite my case on the basis of USCIS error.

                      Let me know if you could help me getting in tough with your lawyer also if you could provide me with you number i can directly talk to you in this matter.

                      Also do you have any H4 dependent on you.

                      Not sure if you read my entire post properly or not.
                      MTR will take more than 90 days and if USCIS reject your application, that means you are out of status for that many days.
                      you can not file / send letter to USCIS premium processing unit to correct error because yours was not PP case.
                      My lawyer was from VISANOW.COM
                      yes I do have H4 but that doesn't mater if hey have stamped visa and valid I94

                      Comment

                      {{modal[0].title}}

                      X

                      {{modal[0].content}}

                      {{promo.content}}

                      Working...
                      X